Appendix VI

List of villages containing high Fluoride in Drinking water in

Chandraour District
Taluka
S.No.
Name of village
Taluka S.No.
Name of village
Rajura
1.
Goyegaon
40. Lokkdkot
2.
Hardona 41. Khiradee
3.
Khamona 42. Dhootara
4.
Sonurli 43.
Mangi (Khu)
5.
Warurroad
Korpnar
44. Thutara
6.
Bhedoda 45.
Wadgaon
7.
Dewada 46.
Dhoptara
8.
Chanakha 47. Matha
9.
Virur Station 48. Talodhi
10.
Aheri 49.
Antargao
11.
Bhurkunda 50. Kothoda
12.
Sumthana 51.
Gadegaon
13.
Sonurli 52. Chichonli
14.
Kawadgonqi
53.
Palgaon
15.
Kinbodi 54. Khirdi
16.
Marda 55. Dhanoli
17.
Khidki Hirapur
56. Kusla
18.
Dongargaon (Nag)
57.
Kanhalgaon
19.
Hardona (Bu)
58.
Pinpaigaon
20.
Patan 59.
Lakhamapur
21.
Jankapur
60.
Mukadamguda
(Paramdoli)
22.
Sondo 61.
Tanda (Dhanoli)
23.
Umarzari 62. Pardi
24.
Kakaighat
63.
Dampur Mohada
25.
Sakharwahi 64. Paramdoli
26.
Ranweli
Gondpipari
65. Vittalwada
27.
Mangi (Bu)
66.
Gondpipari
28.
Bhedoda 67.
Chakghadoli
29.
Kohpra
68.
Karangi
30.
Chunala 69.
Tarasa (Bu)
31.
Pachgaon
70.
Tarasa (Khu)
32.
Dhanora 71.
Vainkatapur
33.
Mathara 72.
Bhangaram (Talodhi)
34.
Arvi 73.
Bhangarpeth
35.
Rampur
74. Salezari
36.
Maanoli (Bu)
75. Panora
37.
Bhokasapur
38.
Koparna
39.
Chincholi
-
601
III
Out of this, 20,039 Sq. KIn. are
covered by the hill areas of five
districts having preponderance of
the Scheduled Tribes.
Male 62.39% Female
44.47%
<302
23,88,634
38.96%
22,327 Sq. Km.
930582
632173
901
107
34.4%
Geographical Area
Population
2001 Census
Manipur
Sex ratio
Density of population
(Per Sq. Km.)
Population of
Scheduled Tribes
(1991 Census)
(2001 Census)
(provisional)
Percentage of the
Scheduled Tribes of
the total population
(1991 Census)
Provisional figure 2001
Census
Literacy percentage 68.87%
(2001 Census)
Literacy percentage in 53.63%
respect of Scheduled
Tribes (1991 Census)
Vital statistics in respect of the State are as under:-
The Vidhan Sabha of the State has 60 seats out of which 19 seats are
reserved/represented by the Scheduled Tribes. There is only 1 seat reserved for
Scheduled Castes. There are 2 Lok Sabha seats out of which one is reserved for
the Scheduled Tribes. The State has 1 Rajya Sabha seat.
The State of Manipur is divided into 9 Revenue Districts of which 5 Districts are in
the Hill Areas and the remaining 4 are in the Valley Areas. There are 38 Revenue
Sub-Divisions; 34 Development Blocks.
Scheduled Tribes
Under the Constitution (Scheduled Tribes) Order, 1950, the following tribal
communities had been notified as Scheduled Tribes:- 1.
Aimol 16.
~aring
2.
Anal 17.
Any Mizo (Lushai) tribes
3.
Angami
18.
Monsang
4.
Chiru 19.
Moyon
5.
Chothe 20. Paite
6.
Gangte
21. Purum
7.
Hmar 22. Ralte
8.
Kabui 23. Serna
9.
Kacha Naga
24. Simte
10.
Koirao 25. Suhte
11.
Koireng
26.
Tangkhul
12.
Kom 27. Thadou
13.
Lamgang
28.
Vaiphui
14.
Mao 29. lou
15.
Maram
Under the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act,
2002, the tribe - 'Vaiphui' at S.No. 28 has been substituted by word 'Vaiphei'. ,After
entry 29 under the original order, the following communities have been added to
the Schedule under the Scheduled Castes and Scheduled Tribes Orders
(Amendment) Act, 2002:-
30. Pouma; Naga
31. Tarao
32. Kharam
33. Any Kuki tribe
Ig
The Commission makes the following observations on the Scheduled Tribes list of
Manipur:-
(a) Kabui & Kacha-Naga
Kabui (at Serial no.B) and Kacha Naga (at Serial no.9) are the tribes of
Manipur under the Constitution (Scheduled Tribes) Order, 1950. These
two communities claim that they are tradition?llly' and originally one and
the same tribe called 'Haomei'/'Hamei' tribe. They organized themselves
into a common tribal union since 1925; and in 1947 they coined a new
collective name for themselves as "Zeliangrong" tribe comprising both
the Kabui and Kacha-Naga groups. They have been demanding for
recognition of 'Zeliangrong' as name of their tribe collectively in lieu of
the existing 'Kabui' and 'Kacha-Naga' in the Constitution (Scheduled
Tribes) Order 1950. The Government so far did not concede to their
demand.
The Commission observed that an ethnographic study of
'Haomei/Hamei' or 'Zeliangrong' tribes need be undertaken to
ascertain whether they should be recognized collectively as a single
tribe or should they be scheduled as four different tribes in lieu of the
! I
804
This Commission received several rr:~moranda from some sections of
the Zeme, Liangmei, Rongmei and Puimei groups. They state that Zeme
and Liangmei groups have been clubbed together as the 'Kacl1a-Naga'
in the scheduled list, and similarly Rongmei and Puimei groups have
been clubbed together as 'Kabui'. They demand that Zeme and
Liangmei be recognized as two separate tribes in lieu of 'Kacha-Naga'
(serial no.9) which, they claim, was wrongly recorded by the erstwhile
British administration. Similarly the Rongmei group has demanded for
recognition of 'Rongmei and 'Puimei' as separate two tribes in lieu of the
existing name of 'Kabui' (serial no. B). However, the Puimei group objects
to this proposition. The Puimei claim that they are the real Kabui tribe
and therefore they demand that 'Kabui' should be retained in the list as it
is.
,
existing two names of 'Kabui' and 'KClcha-Naga' based on that a
solution acceptable to all concerned can be found.
(b) Koirao
Koirao is listed at serial nO.10 of Manipur tribes under the Constitution
(ST) Order 1950. In their memorandum, the Thangal community claims
that they are the 'Koirao'. Therefore, they want that their name 'Thangal'
should be listed replacing the existing 'Koirao'.
(e) Chongthu
The Commission received representation from the Chongthu group
reiterating their long-standing demand for recognition of their tribe as
'Chongthu' as a Scheduled Tribe separately under the Constitution. They
claimed that 'Chongthu' was the name of their progenitor or the first
founding ancestor of their community including Thadou, Kuki etc. They
contended that the 'Thadou' tribe (listed at serial no.27) was one of the
many descendents and lineages of Chongthu; as such, the Thadou tribe
cannot and do not cover many other descendents and lineages of
Chongthu. The Chongthu group does not accept 'Kuki' for their name,
because they think 'Kuki' is a term alien to them. Hence, their demand
for recognition of Chongthu as a Scheduled tribe of Mampur.
(d) Mate
The Mate community, in their memorandum, reiterated their long-
standing demand for inclusion of 'Mate' as a recognized tribe under the
Constitution (ST) Order 1950. They had submitted a plethora of
memoranda, petitions and demands to various authorities, State as well
as Union Governments, from time to time. They claim that their tribe is a
distinct cultural group different from the Thadou, or Chongthu, or Kuki
untouched by anthropological studies done. They have a folk history
traditionally handed down from generation to generation to support their
ancient claims. It is pertinent to note here that the Kalekar Commission
while discussing the hill tribes of Assam and Manipur recommended that
"in these circumstances, we are of the opinion that it would be more
2564 SA&ST/04-39A
III
convenient to list all the tribes by their particular names in the hill areas
of Assam and Manipur".
The Commission recommends that the demand for inclusion of
'Mate' as a recognized tribe under the Constitution (ST) Order,
and also demand for recognition of 'Chongthu' as a scheduled
tribe separately may be examined.
Of the tribes notified under the Act of 2002 i.e. Kharam and Tarao are
comparatively smaller tribes as far as population is concerned. Poumei
and Any Kuki tribe also are the new tribes notified under the Act of 2002.
'Any Kuki tribe' added to the Schedule under the Act, 2002 has raised
some confusion as to its identity. Who would be identified as 'Any Kuki
tribe' is being debated. Kalekar Commission had recommended that it
would be more convenient to list all. the tribes by their particular name in
the hill areas of Assam and Manipur.
The Commission recommends that the Administration should
clear such confusions and stem the debate right at the
beginning to pre-empt inter-tribe clashes/differences in order to
maintain peace and harmony among the hill tribes of Manipur.
Tribal Sub-Plan (TSP)
The Tribal population in the State 632173 (1991 census), 930582 (provisional 2001
census) are distributed over 5 hill districts and out of which 46319 tribals as per the
1991 census are in the valley areas. The Tribal Sub-Plan covers around 90% of
the total geographical area. The basic objectives of the Tribal Sub-Plan during the
Tenth Plan period are - acceleration of socio-economic development of the tribal
people taking into account the existing environment and living conditions of the
people; creation of infrastructural facilities required in the hill areas to bridge the
gaps in economic development.
The Inter:.Sectoral flow of funds to the Tribal Sub-Plan during the 9th Five Year
Plan under various sectors at the stage of allocation were at 40.38%, but the actual
devolution i.e. actual expenditure/flow to the Tribal Sub-Plan was at 22.61 % i.e. out
of 1589.11 crores in the State Plan the actual flow to the Tribal Sub-Plan was
GO>
2564 SA&ST/04-39B
360.53 crores. There were short-falls in tfiu expenditure under various
development sectors as a result of which the actual expenditure for the Tribal Sub-
Plan was as low as 22.61 %. The factors responsible for this are reported to be the
shortfalls in the development achievement in the TSP areas of which the major
factor is said to be the absence of an authority for controlling the affairs of the
Tribal Sub-Plan areas both in regard to the allocation and expenditure. The
sectoral Departments have been earmarking funds for TSP areas and that
implementation of the projects and programmes were carried out by the concerned
sectoral Departments through their administrative infrastructure at the district level
etc. Apart from the Ministry of Tribal Affairs, Government of India, many other
Central Ministries have also been releasing the funds under Centrally Sponsored
Schemes and Special Central Assistance Progf,;';H!lileSetc.
The Department of Tribal Development in the ~~.~iiate has not been declared the
Nodal Department for control and overseeing the allocation of funds and
expenditure under Tribal Sub-Plan. The situation continues during the 10th Plan
period also.
The Department for Development of Tribals and Scheduled Castes implements the
TSP schemes, projects and services under tribal welfare sector only. The
Department has no control' over allocation of funds under Tribal Sub-Plan by the
Departments under various Sectoral programmes and they have also no control
over the expenditure incurred by these Departments. The Department has one
District Planning Officer posted in each of the 5 Hill Districts with nucleus staff.
Some exercise is undertaken at the grass root level for planning schemes and
programmes under Tribal Sub-Plan. The Deputy Commissioner of the Di,strict
concerned is responsible for the administration of the Tribal Sub-Plan with the
support of District level officers of the various Sectoral Departments and also the
Block Development Officers. During the 10th Five year Plan periods out of
projected 3838.36 crores under the State Plan, flow of funds to the Tribal Sub-Plan
is estimated at Rs. 1798.68 crores i.e. 48.86% which is higher than the percentage
of the tribal population. The Special Central Assistance to the Tribal Sub-Plan for
the 10th Plan period has been estimated at Rs. 40 crores. The total State Plan for
the 2002-03 was fixed at Rs, 683.27 crores and that flow to TSP was to the tune of
Rs. 298.67 crores i.e. 43.62% of the State Plan, but the actual flow from State Plan
to the TSP during the financial year 2002-03 has not yet been firmed up.
The 5 year plans and the annual plans are also required to be placed before the
Hill Areas Committee of the MLAs representing the hill areas constituted under
the Manipur Legislative Assembly (Hill Areas Committee) Order 1972, for their
views on the schemes under the plan proposed for hill areas particularly.
Scheduled matters mentioned above include development and economic planning
within the plan allocations of the hill areas, management of any forests not being
./
reserved forests; use of water for the purpose of agriculture; regulation of the
practice of jhum cultivation; the appointment or succession of chiefs or headmen
among other matters pertaining to property, social customs etc. The Minister in-
charge, Tribal Development and the Hills and Chairman, Hill Areas Committee of
Manipur Legislative Assembly in their memorandum submitted to the Commission
during the tour of Manipur stated that inspite of the best efforts of the Government,
hill areas of the State are marked by lack of communication network and other
amenities essential for generating stable economy of the tribal people. The
memorandum also states that the short-fall in the expenditure under various
development sectors for the Tribal Sub-Plan areas during the 9th Five Year Plan
period was as low as 22.69%. The major factor responsible for this low
achievement is said to be the absence of an authority for controlling the affairs of
the Tribal Sub-Plan both in respect of allocation and expenditure under TSP. It is
mentioned in the memorandum that the concerned development departments
implementing the programmes in the TSP areas at the district levels make less
allocation of funds for the TSP areas which could not be checked in the absence of
any authority. The memorandum demanded that a fair percentage of funds should
flow to the Tribal Sub-Plan under various Centrally Sponsored Schemes and
Special Plan Assistance for the hill areas. There is no clear picture/assessment of
the development activities taken up with such funds in the absence of centralized
authority for the Tribal Sub-Plan areas. The memorandum further demands that
the Tribal Development Department in the State should be declared as the Nodal
Department to control and oversee Tribal Sub-Plan right from the stage of
allocation of funds and the actual expenditure incurred under the Tribal Sub-Plan.
The Commission recommends that as demanded by the public
representatives, a cross-section of the tribal population, the State
Government may consider setting up a separate Department of Tribal
Development with a separate budgetary head and assigning it the
functions of a Nodal Department right from the stage of allocation of
TSP funds to the monitoring and evaluation of the sectoral
Departmentsperformance in respect of TSPfunds/programmes etc.
AgricuIture/HorticuIture
Rice is the staple food crop in the State. Other crops are Maize, Pulses and
Oilseeds etc. The thrust is on increasing the area under high yielding variety of
paddy during the 10th Plan period. But the productivity in the hill areas inhabited by
the tribals is quite low. As per the estimates during the year 2002-03 flow to the
TSP under agriculture was Rs. 2.10 crores.
For Rural Development, one impediment seems to be lack of banking facilities in
the Hill Areas. Not much financing for the schemes for Rural Development,
Agriculture and Hprticulture etc. are available mainly because of the absence of
necessary guarantees/security for the repayment of loans financed for these
sectors. As per the land system in the Hill Areas, land belongs either to the Chief of
the Community or the Community itself. As such, pledging the land for security of
individual bank loan is not feasible.
The Commission observed that the individual cultivator should get
easily the soft loan assistance from the financial institutions/banks
and a legal instrument be devised for helping them to pledge the land
under their cultivation even when the land under cultivation is in the
ownership of the tribal chief or the Community.
Horticulture has tremendous scope particularly in the hill areas of Manipur but
nothing substantial has been done or proposed for the horticultural development in
the hill areas.
609
ill
Forest
C:;";lreS during the 10th Plan period, the flow to
at Rs. 7.97 crores and for the Annual Plan
TSP under forest was Rs. 1.48 crores which is
As per the report of i Dn)i:lr~ment of Land Resource, Ministry of Rural
Development, Government of I shifting cultivation has caused deforestation
that has reached an alarmmg prc,portion. Under the shifting cultivation or jhum,
there is an indiscrimimJ2 <lnd burning of forest, improper land use which
lead to resource degradatlOll, ecological imbalance and that the system
accelerates degradation d:.:(' c?r0sion, loss of bio-diversity and deterioration of
water-shed hydrology.! SI cultivation practice has caused loss of valuable
wild-life flora of diverse gpnp ; nrasses and edible vegetation useful for animal
nutrition. The studies done f.lY the Indian Council of Agricultural Research on
<;hifting cultivation have: in,j-' '':1 soil loss to the tune of 40.9 Tonnes per
meagre and not proportionatp + th8 forest areas under the TSP area considering
the fact that out of the total forest area - 17418 Sq. Km. of the State 17071 Sq.
Km. of it is under TSP area. major feature under this sector of development is
to increase the tree cover':;1geto :3, ;'ninimum of 66.6% of the geographical area as
envisaged under Nationa,~: e:. I:' o!icy in order to meet the multiple requirement
of people, mainly the hili Special emphasis is being given for curtailing
shifting cultivation by working out alternative ways for jhum cultivation without
hurting the sentiments tribal people and for the development and
augmentation of annual forest to benefit the hill tribes.
Out of the total allocation
TSP areas under forest 1S
2002-03 funds earmarke"
Out of the total geographical area of 22,327 Sq. Km. the area covered by the forest
IS 17418 Sq. Km. Out of this, reserved forest covered 1467 Sq. Km. and protected
forests covered 4171 Sq. Km. and the rest are unclassified forests, 99% of the
forest area of all types falls the Tribal Sub-Plan area. The details of the
categories of forest areas which fail under the Tribal Sub-Plan area are as under:-
Reserved Forest . 1229.75 Sq. Kms.
Protected Forest : 4081.25 Sq. Kms.
Unclassified : 11760 Sq. Kms.
hectare. The report further revealed that the size of the area covered under shifting
cultivation in the North-Eastern States is estimated to be 19.91 lakhs hectares
which is 83.7% of the total land covered under shifting cultivation in the country.
The State of Manipur has no specific policy declared on the practice of
shifting cultivation in the hill areas. Every year over 900 Sq. Kms. is
cut down for jhum cultivation and that the jhum cycle has been
reduced to 3-4 years from earlier 6-7 years due to the population
pressure on land and forest. A number of measures have been taken
for shifting jhumia families from shifting cultivation to settled
cultivation but the outcome has been totally unsatisfactory despite
Central Assistance taken under time bound programmes in an
integrated manner to tackle this problem, the Commission observed.
It is said that in the North-East States where jhum cultivation is still in practice the
tribals are not keen on continuing with the practice and would prefer to opt for the
settled cultivation. The poor and small farmers have been depending on shifting
cultivation because they do not individually own agricultural land. They take the
area on lease for shifting cultivation from the tribal chiefs who are the owners of
most of the lands and also from the community land pools where village
community has their own common land. There are, however, some farmers with
the ownership of cultivated land in the valley areas.
The main reason for continuing this devastating practice of shifting cultivation is the
absence of land tenure system as the Commission has observed in Mizoram also.
The settled cultivation is possible only with investment on land development,
terracing of the land, harvesting water for occasional irrigation, in fact, most places
in the North-East do not require any irrigation particularly for the horticultural crops
and for the social forestry. The investment on land development and
cultivation/farming with modern technology require financial resources. Since the
farmers do not own the land it is not feasible for them to make any kind of
investment on an area taken on lease from tribal chiefs as they can terminate the
lease any time.
The Commission observed that the fragile eco-system of Hills Areas of
Manipur can be protected and that the soil erosion and depletion of
III
612
Roads and Transportation
The Road Network System in Hie hill areas is inadequate as compared with the
valley areas. During the AnmJal Plan 2002-03, a sum of Rs. 11.96 crores was
earmarked for the Tribal Sub-Plan areas.
the forest resources can be checked only when the State finds a viable
alternative to Jhum cultivation. The Commission further recommends
that a programme should be launched by the State for the
development of Horticulture and of Bamboo plantation with the active
participation of the farmers and with the help of modern
technology/processing etc. as an alternative to the present practice of
Jhum cultivation.
Employment Opportunities
It was reported that Agriculture is the main occupation of the tribal people and they
partly depended on the minor forest produce also. In the absence of jhuming
practice on scientific lines, and in all these years of planned development the
green revolution in the country had no impact on the Hill Area's economy and in
the absence of improved farming technology productivity in the agriculture and
allied sector has been too low. The availability of land is limited and there is
tr:3mendous pressure on the land resources. There is a need to create employment
cpportunities in secondary and tertiary sectors of economy. As per the estimates
provided by the State Gow:in:ii8nt the incidence of poverty among the 8T people
\v8S at 56.88%. There are ha:d!y any major and medium industries in Manipur.
People particularly 8Ts, 'fore, to depend on small industry for secondary
Irrigation
Two major projects have been taken up namely Khoupum Dam Project and Khuga
Multi-purpose Project. The first one has been completed and it has the irrigation
potentiality of 100 hectares. On r.ompletion of these projects over 15000 hectares
of land would be irrigated annu~;ily. There are other small projects also covering
the hill areas.
occupation. But, this sector needs a boost particularly in the Handloom and
Handicraft Sector which could provide self-employment opportunities.
Basic Services
During the course of the Commission's visit to the Hill Districts of Manipur, all
petitions and demands highlighted the main problems in the field of basic
economic and social services as follows:-
(i) Education - Teaching staff is inadequate in all the Districts in the hill areas.
In some schools, the Science and Mathematics Teachers and in some Hindi
Teachers are not available. Many posts have not been filled causing the
faculties to suffer. The Primary Schools in the Hill Districts are being run by
the District Councils with the funds released by the State Government from
the Tribal Development Department. The District Councils are at present not
functioning and the Deputy Commissioners are the Administrators of these
District Councils. The Junior High Schools, High Schools and Higher
Secondary Schools are being run by the State Education Department and the
Higher Education is also looked after by the Department of Education. The
State Government in its replies to the Questionnaire on the subject has
admitted that there is a need to improve the quality of education and
measures need be taken to strengthen the infrastructural facilities for the
educational institutions.
The Commission observed that the Educational Institutions at all
levels should be run by the Department of Education in the Hill
Areas. The allocation of funds to the Educational Institutions at all
levels should be made by the Tribal Development Department in the
TSP area. It should be the responsibility of the Education Department
to run these institutions having State cadres for the different
categories of teaching staff except that for the Primary Schools there
should be no District cadres of Teachers. The functioning of the
Tribal Development Department should normally be the allocation of
funds and monitoring and evaluation of functioning of these
institutions. It cannot perhaps have its own infrastructural facilities
and professionally equipped teaching faculties, the Commission
observed.
(ii) Health - The PHCs and Dispensaries in these hill districts at most places do
not have specialists and in some places general Doctors/Lady Doctors have
not been deployed. Para-medical staff is inadequate as most of the posts are
lying vacant.
(iii) Public Distribution System - In all these hill districts visited, the problem of
lifting of food stocks from the Headquarters was highlighted on account of
lack of infrastructure and transport facilities.
Rural Electrification
It was stated that 1,545 villages out of the total of 1,727 in the Hill Areas have been
electrified constituting 89.46%. This appeared encouraging. But, during our visit to
the Hill Areas we often heard complaints of long black-outs. It means that from the
point of view of the rural electrification, progress has been made, on the ground
things may be different with regard to the power supply. The State Government's
attention is required in the matter.
Reservation in Services
Certain memorandums/petitions were submitted to the Commission during the visit
to the State of Manipur about the alleged discrimination against the Scheduled
Tribes in the matter of employment in the Government/Public Sector. It was
reported that the strength of the ST employees in the State Government is only
17.5% against the requirement of 31% reservations in the State.
Land Tenure
The Manipur Land Revenue and Land Reforms Act, 1960 is extended to the whole
of the State of Manipur except the hilly areas of the State which are predominantly
the tribal areas. The various land reform measures under the Act have been
undertaken by the Government of Manipur but the hilly areas i.e. the tribal areas
have been deprived of the land reform measures. The ownership of land in these
5 tribal hill districts vests in most cases with the village chiefs; and in some cases
with the community where the individual farmers are given land for cultivation for a
term specified which can be terminated at the end of the specified period.
Similarly, the village chiefs also grant land for cultivation for a term specified. There
are very few individual land owners with pattas. In the absence of land reforms,
<314
, II
land development Le. terracing, fencing, farming etc. requiring heavy investments
cannot be undertaken by the farmers who had taken land on lease. It was reported
by some farmers that there has never been an appreciable increase in the
productivity of the land taken on lease, primarily because of lack of investment on
soil conservation, and land development on scientific lines. Even the modern
agriculture inputs are not being used for want of investment. Agricultural credit
would be available where the land is available for mortgaging it against the
loan/credit, for which the farmer must have the ownership of the land, the
Commission observed. There exists an opinion among the farmers that there
should be settled cultivation in place of jhuming and patta system of land tenure
should be introduced by resuming the land of tribal chiefs and the farmers who are
the lease holders should be made owners by allotting lands to them on purchase
basis permanently.
The Secretary, Land Revenue mentioned that the State Government had in the
past undertaken land survey work in these 5 hill districts inhabited mostly by the
tribals where Manipur Land Revenue and Land Reforms Act, 1960 is not made
applicable. However, in respect of Chandel and Churachandpur Districts the
provisions of the Act have been extended in some parts of these districts where
land surveys had already been completed. But most parts of these two districts
have not been fully surveyed and it is not certain whether the provisions of the said
Act can be extended to the surveyed areas. In the 3 other hill districts land survey
work is on, however in some cases, village communities and the chiefs have
objected to such surveys.
To sum up, no substantial progress has been made to undertake land reforms in
these 5 districts. The permanent land settlement in the Manipur Hill Districts
appears, therefore, not feasible in the near future. The Manipur Legislative
Assembly (Hill Areas Committee) has not so far made any significant
recommendations with regard to the land tenure system in these 5 hill districts.
The Commission observed that a land settlement and necessary land
reforms keeping in line with the local tradition need to be undertaken
in these 5 hill districts inhabited by the tribals in order to optimize the
productivity and maximize the returns from farming.
ill
According to an observation made by the Chairman of the Hill Areas Committee
(Mr. N. Sbngchinkhup), this Committee is very much handicapped in its functioning
because of the status of the Committee as merely one of the various house
~H)
I I! "IIi
The Hill Areas Committee functions as a Committee of the Legislative Assembly,
on matters relating to the hill areas, which are specified as 'scheduled matters'.
Every bill, other than a money bill, affecting the Hill Areas is referred to this
Committee for consideration and report to the Assembly. The Committee is given
the right to consider and pass resolution recommending to the State Government
any legislation or executive action affecting the Hill Areas with respect to the
scheduled matters. The Committee has also the right to discuss the Annual
Financial Statement in so far as it relates to the Hill Areas. Before the Five Year
Plans and Annual Plans of the State are finalized, they are placed before the HAC
and the views of the Committee are taken into account. In short, this Committee
functions through the legislative process with a view to "safeguard the interest of
the people of the Hill Areas" particularly in relation to the 'scheduled matters' which
include development and economic planning within the plan allocation of the Hill
Areas, District Councils in the hill areas, land, forests, water source for agriculture,
regulation of the practice of jhum, village councils, public health & sanitation,
succession of Chief or Headman of the village, inheritance of property, marriage &
divorce, social customs etc.
Hill Areas Committee
There is a Hill Areas Committee of the Manipur Legislative Assembly, consisting
of all the members of the Assembly who represent the constituencies of the hill
areas of the State. In the 50-member Assembly, 20 members are from the hill
constituencies and they are members of this Committee; provided however that the
Chief Minister and the Speaker should not be member of this Committee. The Hill
Areas Committee (HAC) has been constituted under the Manipur Legislative
Assembly (Hill Areas Committee) Order, 1972, which was promulgated by the
President of India under Article 371-C of the Constitution. This Article 371-C was
inserted by the Constitution (Twenty-seventh Amendment) Act, 1971 with the
object of safeguarding tribal interests and to promote economic growth of the hill
areas through the legislative process in the State Assemply.
committees of the Assembly. The Committee has no separate office staff of its own
and no financial power at all. In practice, the power and functions of the HAC are
more ornamental; on many issues the members use to take the line of their party
affiliation. Of course, in some rare cases the HAC demonstrated unity and
seriousness to protect the tribal interest, as in the case of blocking the Bill
introduced in the Assembly for operation of the Manipur Land Revenue and Land
Reforms Act, in the hill areas of Manipur.
Village Authority
In Manipur, since time immemorial the tribal villages have their traditional system
of village councils, which look after the affairs of the village in every aspect of their
social life - religious, agricultural, social, inter-village affairs etc. In the Naga
villages, the village councils are constituted with the elder men representing the
various clans living in that village. The village coun~i1 is headed or presided by the
eldest man of the founding clan of that village. The presiding Headman of the
founding clan usually adopts the title of Khulakpa, or the alternative title of Khunbu
(which means 'head' or 'owner' of the village). Irrespective of the title he may have
preferred to adopt, the presiding Headman must belong to the founding clan.
Seniority of age and proper representation of the constituent clans being main
characteristics of a Naga village council, it may be described as a good example of
democratic gerontocracy. In the Kuki. villages, the person who founded the village
and his direct descendent is invariably the Chief of the village, and constitution of
the village council depends on the choice of the Chief. Other tribes which are not
covered by Naga or Kuki in strict sense, have their respective traditional village
councils with certain degrees of variations ranging between the above-cited two
types.
With the objective of bringing a uniformity among the tribal village councils of
different tribes in the State for administrative convenience, the Manipur (Village
Authorities in Hill Areas) Act 1956 was passed by the Parliament when Manipur
was a Union Territory. The Act provides that every tribal village in the hill areas
having 20 or more Tax-paying houses shall have a Village Authority and it shall be
known by the traditional local names like Housa in Kuki village and Peikai in Kabui
village, Khulakpa etc. in other Naga villages. The Village Authority is elected on the
"111
The powers and functions of the Village Authority, under the Act, are mainly related
to maintenance of law and order within its local jurisdiction. They can exercise and
perform the powers and duties generally conferred and imposed on the police by
or under the Police Act, 1961. The Act empowers the Village Authority to function
as court for small and petty criminal cases within its village jurisdiction, with the
power to impose fine not exceeding RS.2001- and imprisonment for a term not
exceeding one month. In practice, however, the Village Authority exercises their
traditional powers in settling disputes involving a fine of buffalo, or mithun (bison),
or pig, or large sum of money, or plot of land, as compensation given to the
aggrieved party in cases relating to kidnapping, marriage, divorce, inheritance or
succession, grievous hurt, even murder. But no instance has been found in which
a culprit was imprisoned through the verdict of the Village Authority.
basis of adult suffrage, for a term of five years. The strength of the V~lage Authority
shall be five members for a village of 20 or more houses, ~even members for 60 or
more houses, 10 members for 100 or more houses, 12 members for 150 or more
houses. The Act also provides that where there is the traditional Chief or Khulakpa
in the village, he shall be the ex-officio chairman of the Village Authority of that
village; and where there is no such Chief or Khulakpa in the village, the chairman
of the Village Authority of that village shall be elected by the members of the
Village Authority from among themselves. The Act was silent as to who should be
the ex-officio chairman in a village where there is no Khulakpa, because the chief
has adopted the title of Khunbu. To plug this loophole, the Government of Manipur
issued an official clarification dated 31-8-1~92 explaining the "the intention of the
law is that the Chief of the Village by whatever name he is called should be the
Chairman of the Authority. Therefore in the Tamenglong area wherever the
Khunbu is the Chief, he shall be the Chairman". Notwithstanding the clarification,
the Act is still silent as to who should be the Chairman in a village where both the
titles of Khulakpa and Khunbu are adopted and both co-exist in the same village.
There have been disputes on such matters. In such case the tribal customs come
into use that the person (either Khulakpa or Khunbu) who belongs to the founding
clan is undisputedly the proper Headman. If both of them happen to belong to the
same founding clan, then the elder one of the two is the chief who shall be the
Chairman of the Authority.
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It came to the notice of the Commissionthat in some villages, the traditional village
council and the elected Village Authority still co-exist side by side in the same
village. In the plain districts where the Act does not operate, the traditional village
councils are functioning in the tribal villages. Among the Kukis, the Chiefs have
absolute ownership over the village land and forest; he also receives a kind of
traditional tax from the villagers. The villagers prefer abolition of the Chiefship of
the Kuki village; on the other hand the Kuki Chiefs have organized themselves to
defend their position and privileges on the land and forests of the village. The
Commission received representation from the Kuki chiefs.
A point deserving serious consideration is that under the Manipur
(Village Authorities in Hill Areas) Act 1956, no developmental works
are assigned to the Village Authority. They are utilized only for
policing in their respective local jurisdiction. In the hill areas of
Manipur (which constitutes 90% of the total territory of the State) there
is no Panchayati Raj system nor are there any Municipality town
committees - as the agency of development at the gram or village
level. There is a vacuum in developmental mechanism. The Village
Authority is not a part of the District Councils which have become
defunct for more than a decade now. The Commission recommends
that the tribal Village Authorities be empowered and utilized for
developmental purposes also, like the gram panchayats under the
panchayat raj system.
Autonomous District Councils
In all these hill districts there has been a persistent demand for application of the
provisions of the Sixth Schedule of the Constitution. The tribal people are not
satisfied with the existing 'The Manipur Hill Areas Autonomous District Council Act,
2000'. This Act replaced The Manipur (Hill Areas) District Council Act, 1971 which
was enacted by Parliament when Manipur was a Union Territory. The 1971 Act
providedfor constitution of District Council in the hill districts. All the hill areas were
to be divided into not less than six Autonomous Districts. There are 5 hill districts
having preponderance of the tribal population. Districts of Ukhrul, Chandel,
Churachandpur, Tamenlong and Senapati were declared Autonomous Districts
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The election to the Councils were held in regular intervals. Councils were given
certain functions and controls under education, health, agriculture and allied
sectors; and PWD etc. the staff at the Headquarters of the Council was headed by
the Chief Executive Officer. The Councils were running primary schools, veterinary
dispensaries, health dispensaries and small rural roads works and some
agricultural extension work etc.
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and that the first 4 districts had District Council each and whereas in the Senapati
district 2 District Councils were constituted i.e. Senapati and Sadar Hill District
Councils. The Act provided for delimitation of Constituencies, election of Members
to the Council, procedure for the conduct of election. The District Councils would
have Chairman and Vice-Chairman. The term of the Members of the Council would
be for 5 years.
District Councils were assigned functions and procedures were also laid down for
staffing of the Councils. The Councils had the powers for the levy of fees. Each
Council would have a Council fund instituted. The Chairmen of the Councils' were
required to have a copy of the proceedings sent to the Deputy Commissioner and
they were required to furnish any information asked for by the Deputy
Commissioners. Under the Act, rules and bye-laws were also framed.
These Councils always faced problem of finances owing to non-provision of
budgetary head of its own in the State Budget. No funds for the development plans
and schemes were provided to the Councils and whatever funds were provided
those were restricted to the works assigned to the Councils. It was mentioned in all
these District Headquarters by the people that the State Government might have
been receiving funds under various Centrally Sponsored Schemes from
Government of India but, those were not entrusted to the Councils.
These Councils were superseded from time to time and that the Deputy
Commissioners were made Administrators of these Councils. The Manipur Hill
Areas Autonomous Councils Act, 2000 has replaced the Act of 1~71 and that the
District Councils constituted under 1971 Act stand abolished. Interestingly, 'The
Manipur Hill Areas Autonomous District Councils Act, 2000' has not been
implemented. The people of these Hill Districts boycotted this Act and have
demanded for application of provisions of Sixth Schedule of the Constitution. The
2564 SA&ST/04-40A
Deputy Commissioners have been receiving funds under the TSP for the
schemes/programmes which are executed through the sectoral Departments at the
District level. The Deputy Commissioners as Administrators are implementing the
schemes previously allocated to these District Councils.
In the meantime, the State Government had recommended at least three times for
extension of the Sixth Schedule to the hill districts of Manipur -- in 1991, 1992 and
2001. The cabinet decision of 13-5-1991 says that "Cabinet decided to recommend
the extension of the Schedule in the Hill Areas of the State with certain local
adjustments and amendments." Secondly, on 17-8-1992 the cabinet "decided that
a recommendation be made to the Government of India for extension of the 6th
Schedule to the Hill Areas of Manipur." Thirdly, in the cabinet decision of 18-3-
2001, "The Cabinet decided that the State Government has no objection to the
extension of the Vlth Schedule of the Indian Constitution to the Tribal areas in the
Hill Districts of Manipur with certain local adjustment and amendments." In the first
and third recommendations there is a qualifying clause that the Sixth Schedule
might be extended "with certain local adjustment and amendments". On receipt of
the recommendations from the Manipur Government, the Government of India,
Ministry of Home Affairs has sought details from the State Government regarding
local adjustments and amendments to be made.
During the Commission's visit to Manipur in April 2003, it was reported that on
account of the query made by the MHA about the qualifying clause, the State
Government had constituted a Committee headed by a Minister (Shri E. Birmani
Singh) to go into the meaning of the said qualifying clause of the recommendation
and to give reply to the MHA. In a conversation, the Chairman of the Committee
(E. Birmani Singh) told the visiting members of the Commission that his Committee
had not yet given reply to MHA about the meaning of the clause: "certain local
adjustments and amendments". The hill people viewed that this qualifying clause
was a purposefully planted rider to delay the extension of the Sixth Schedule to the
hill areas. The Hill Areas Committee, in its memorandum dated 14.9.2003, to the
Prime Minister, stated that such qualifying clause did not arise at the time of
extension of the Sixth Schedule to other neighbouring North-Eastern States
(Assam, Meghalaya, Tripura and Mizoram); and that the rider clause has
unnecessarily hampered and delayed its extension to Manipur. The HAC also
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mentioned that the State Government have been advised by the Committee to
withdraw the rider clause.
The Commission had inter::Jction with 5 Ministers, all the Ministers holding different
portfolios and with an MLA and also with the Chairman, Hill Areas Committee of
the State Assembly. These Ministers represent the Tribal Constituencies in the hill
areas. They had expressed that funds flows to the TSP are not in accordance with
the needs of the hill districts< MLA Shri B.D. Behriag mentioned that the Manipur
(Village Authorities in Hill Areas) Act, '1956 enacted by the Parliament is not being
implemented. It appears that the provisions of the Act have become redundant
now that even in the hill areF1S Judicial Magistrates have the jurisdiction and that
law and order is maintained by the District Magistrates. The MLA also mentioned
that funds for the Tribal Sub-Plan are being diverted to the salaries and to the
programmes outside the tribal areas. He also demanded that the provisions of the
Sixth Schedule of the Constitution should be made applicable to the hill districts.
Ministers mentioned that the basic problem faced by the tribal people is political
and that political aspiration is the factor in all the problems associated with tribal
development. They also mentioned tl1at the districts in the many North-East States
have the Autonomous Councils set up under the Sixth Schedule of the Constitution
except in Manipur. They all say that as per the wishes of the people of the tribal Hill
Districts the provisions of the Sixth Schedule should be made applicable as that
would enable the tribals of these hill districts to benefit from the Special Central
Assistance and grants-in-aid etc. coming from the Government of India. With the
constitution of Autonomous Councils under the Sixth Schedule, there will be a
systematic development undertaken by the people with their participation which at
the moment is not happening. The overall economic development of the hill tribes
scenario projected was the one lacking impetus. There is no proper coordination of
economic development activities in the hill areas inhabited by the tribes. The
Panchayati Raj Act has not been made applicable to the Hill Districts, as they are
expected to have the Autonomous District Councils which in fact have not been
constituted as the people have boycotted the Act of 2000.
The Commission was told, during the interaction with the tribals of the
Hill Districts visited ': the State Government had not paid adequate
attention to the ! man resource development, health care,
2564 SA&ST/04-40B
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development ,f infrastructural facilities - like roads, tele-
communication and that the tribal economy suffered for want of

development activities. They demandedthat the Autonomous District

Councils under the Sixth Schedule of the Constitution should be set-
up in the hill areas of the State.
The Commission observed that the tribals of the hill districts of
Maniputhave not accepted the provisions of the Manipur Hill Areas
Autonomous District Councils Act, 2000 which in fact is the reason
why the Act has not been enforced. The object of the Act was to
provide certain autonomous powers, functions and also to enlist
participation of the people 1n all socio-economic development
activities right from planning and programming of the development
plans to the execution of the programmeswith their participation. The
perception of the people Is that the Act being a State Act cannot be as
effective as the provlalons of the Sixth Schedule of the Constitution
particularly in. the absence of the special funds-flow from the
Government of India. The Commission recommends that the Central
Government may con81derthe feasibility of extending the provisions
of the Sixth Schedule of the Constitution to these 5 hill districts
inhabited by the tribals in the State.
Tribal Unrest
The Commission was told that there are about 18 insurgency/militant groups in the
State of Manipur and as many as 8 of them are operating in the Hill Districts. The
situation created by the activities of the insurgency/militant groups has hampered
the economic growth and development in the Hill Areas. Lest it be thought that we
have been oblivious of the fact that the State has been afflicted with insurgency for
a long number of years, while making and recording it, we wish to express our
appreciation of the odds under which the State apparatus has been functioning .
.~ We do not wish to believe, as one opinion has it, that the administration has come
to a virtual stand-still. But we do believe that adequate development measures,
apart from dealing with insurgency as a law and order problem, would be an
effective step for the speedy growth of the tribal economy. The State Government
I.
should bend its energies towards that goal. It will largely cut the ground from under
the feet of insurgency, propelling the people to normal life and its activities.
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MEGHALAYA
The State of Meghalaya lies between 25 and 26.15 north latitude and 89.45 and
32.47 east longitude, bounded on the north and east by the State of Assam mid on the
south-west by Bangladesh. It came into being in 1972 when it was converted from a Union
Territory. In fact it has a long border with Bangladesh which renders it some-what
vulnerable to smuggling, illegal entry of foreigners and such other activities. It is inhabited
by three main ST groups i.e. the Khasi, the Jaintia and the Garo. The Khasi reside midland,
while the Jaintia live in the east and the Garo in the west. The Khasi, Jaintia, Bhoi, War,
collectively known as the Hynniewtrep people, are said to be related to the Austro-
Monkhmer race and the Garo, who prefer to call themselves as the Achik, are reported to
be of Tibeto-Burman race. All the three tribes follow matrilineal system of society where
the lineage and ancestral property pass on from mother to daughter. English is the official
language of the State. However, the three main languages spoken are Khasi in the Khasi
Hills, Pnar or Jaintia in the Jaintia Hills and Garo in Garo Hills.
2. The area of the State is 22,429 sq.kms. and, according to the 2001 census, its
population was 23.06 lakh. The sex ratio was 975 females to 1000 males. The decadal
growth-rate during 1991-2001 was 29.94%. According to the 1991 census, the ST
population was 15.18 lakhs constituting 86%. The figure of ST population as per the 2001
census has not been made available presently by the RGI. The State is endowed with a rich
variety of flora and fauna. It is reported that, of about 17,000 species of orchids in the
world, around 300 varieties are found in Meghalaya. Shillong is the capital, situated at an
altitude of 1496 meters above the mean sea level.
3. The State is divided into 7 districts, 8 sub-divisions and 39 community development
blocks. The 1998 figure for villages was 5,780 and in 2001 sixteen towns have been
recorded. The seven districts are covered by three Autonomous District Councils. The
Khasi Hills Autonomous District Council covers the three administrative districts -- East
Khasi Hills, the West Khasi Hills and Ri-Bhoi; the Garo HiHs Aonomous District
Council covers the West Garo Hills, East Garo Hills and the South Ga>l Hills; the Jaintia
Hills Autonomous District Council covers the Jaintia Hills Districts. The main occupation
625
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is agriculture, absorbing about 5 lakh of the total of about 7 lakh main workers. According
to the 200 I census, the literacy percentage in the State was 63.31, males 66.14 percent and
female 60.41 percent. The number of primary and junior basic schools in 2000-2001 was
4,685; hopefully, the number would have gone up to exceed the number of villages 5780 by
now. The State has to make strenuous efforts to spread literacy at a faster pace. In 1998 -
1999, there were 12 community health centres, 38 dispensaries, 88 primary health cernes
and 413 sub-centres. The number of doctors was 389 and nurses 384. This also shows the
lag in demand and supply.
4. It is interesting to note that, as per figures of 1998-99 the total area in forest was
950,000 hectares, out of which about 71,000 hectares was reserve forest, about one
thousand hectares under protected forest and about 27,000 hectares had been used up for
national parks, while the bulk of the forest area i.e. 8.5 lakh hectares were "unclassed"
forest. [Source: The State's Director of Economics and Statistics Publication "Meghalaya
in Figures" 2002]. We were told that unclassed forest were with the three Autonomous
District Councils. It is necessary that measures be taken to preserve and protect the
unclassed forests.
5. The Commission toured the State of Megha1aya from 22-24 May 2003. During the
visit, we were able to hold meetings with all the three Autonomous District Councils of the
State i.e. the Khasi Hills Autonomous District Council, the Jaintia Hills Autonomous
District Council and the Garo Hills Autonomous District Council, structured as per the
Sixth Schedule of the Constitution. Further, we had the benefit of discussions with the
Chief Minister and the Governor of Meghalaya. We record briefly our impressions
hereunder.
6. Our first engagement was a meeting with the Khasi Hill Autonomous District Council
(KHADC) at Shillong on 22 May 2003. The broad thrust of the arguments of the Council
members was that the ADCs in the State of Mehgalaya having been in existence for the
past half- century, needed to be taken seriously as they had become neither irrelevant nor a
parallel government. In a communication addressed to the Ministry of Home Affairs
relating to proposals for amendment of the Sixth Schedule of the Constitution, the Council
had explained the position by saying that the ADCs administered demarcated areas in
accordance with the powers mentioned in the Sixth Schedule. They compared the powers
and functions of the ADCs vis-a-vis the State Government with the division of powers
626
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between the State Government and the Central Government. They were not happy at being
treated, in practice, as a government department by the State Government ( evident from
their actions and attitude), although they were a constitutional entity as per the Sixth
Schedule of the Constitution. They cited the case of primary education, a subject which
had been taken over from them by the Government through an Act of the State legislature
on the basis of reports of three separate Commissions appointed under Para 14 of the Sixth
Schedule to inquire and review management of primary education in the District Councils.
7. The other issues raised are as follows:
(1) The North-East Reorganisation Act 1971 had eroded the powers of ADCs.
(2) I Para 12A of the __~h(th Schedule ha~ marginalized the functions and
autonomy of the ADCs. For instance, in 1980 the KHADC passed a Khasi
Hills Autonomous District Council Inheritance of Self-Acquired Property
bill. But this was not assented to by the Governor. On the other hand, the
State Government legislated the Meghalaya Succession to Self-acquired
Property (Khasi and Jaintia Special Provision) Act 1986. KHADC had
been demanding scrapping of the Act.
(3) In Meghalaya, there was a traditional four-tier political system with the
Dorbar Dong at the bottom for a small zone in a village, the Dorbar Shnong
at the second tier for a village, the Dorbar Raid at the third tier for a group of
at least two adjacent villages and a Dorbar Hima or the Khasi State at the
top. To the question as to whether the three lower bodies were elected or
traditional, it was mentioned that, generally, the Chief or the Syiem Hima is
appointed for life by the KHADC from amongst the members of certain
clans, while the lower tiers subsume more democratic attributes in as much
as the heads might be elected. Hence, the socio-political system in
Meghalaya was somewhat complex, combining degrees of traditionality with
elective system in the lower tiers that elect ADCs. The ADCs averred that
although these bodies had their own funds generated thr,ugh rent, toll etc.
from shops and markets, the funds were used more for administrative
purposes, leaving little for their development work. Bm the ADCs did not
interfere in their administration.
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(4) The ADCs were facing acute financial crunch having no funds to undertake
development projects and meet their administrative requirements. However,
on going through the paper entitled " A Brief orr District Councils in
Meghalaya" handed over to us, it seems that the funds received by the three
ADCs were as follows:
Plan
Rs. in Lakhs
1999-2000
KHADC
202.50
GHADC
180.00
JHADC
67.50
Total
450.00
2000-2001
2001-2002
432.90
384.80 144.30 962.00
includes 11th
includes lith
includes lith
Fin. Commn.award
Fin. Commn. award Fin. Commn. award
253.00
222.40 84.60 560.00
includes 11th
includes 11th includes 11th
Fin. Commn. award
Fin. Commn. award Fin. Commn. award
2002-2003
225.00 200.00 75.00 500.00
2003-2004
247.50 220.00 82.50 550.00
(proposed)
Non-Plan
1999-2000
27.70 25.12 10.40 63.22
2000-2001
29.69 27.64 11.16 68.49
2001-2002
31.79 26.87 12.01 70.67
2002-2003
39.56 36.72 15.52 91.80
2003-2004
44.25 41.50 20.00 105.75
(proposed)
It would appear that the amounts received were not insubstantial. The manner in which
they were utilized was not indicated. In another paper of KHADC signed "for Secretary
Executive Committee KHADC" dated 23.5.2003, para 3 mentions that "Autonomous
District Councils have their limited sources of revenues from royalty on minerals, forests,
taxes on professions, trade etc. annually. The income is around Rs. two crores". However,
their shares had not been forthcoming from the State Government for several years and
proper accounts were not made available to the ADCs. This is a matter which we feel
628
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should be looked into by the State Government and the respective shares should be
transferred to the ADCs every year. The complaint of the ADCs was that they were not in
a position to undertake programmes in the different development sectors like education,
health, water supply, sanitation and agriculture etc. without availability of such funds.
Gist of discussions with the eM
8. On 23 May 2003, the Commission met the Chief Minister, Meghalaya.
9. The Committee brought to the notice of the Chief Minister a petition which had
been submitted to the Committee by Hynniewtrap Land Conservation Forum (HLCF)
Shillong airing their grievances that land in Lawsohtun locality under Raid Labon Dorbar
and Lapalang locality of Shillong had been taken over by the military authorities and they
had unilaterally conducted survey and demarcation of land. The HLCF had petitioned the
Central Government with copies to the KHADC and the State Government in the matter,
but had received no response. The dispute had arisen in the year 2000. Despite their
representations and in the ensuing silence, the authorities were carrying on ~arth-work and
civil construction in the disputed area. They were even trying to expand into further land.
The Forum explained that, traditionally and legally, the land belonged to the people. Even
forests under the ~ontrol of the State Government were limited to 4.4 per cent of the State's
geographical area, the balance being under the control of the three Autonomous District
Councils. According to the Forum, an ADC has the power to make laws with respect to
the allotment, occupation or use, or the setting apart of land other than that which is a
reserve forest, for the purpose of agriculture or grazing or residential or other non-
agricultural purposes or for any other purpose likely to promote the interests of inhabitants
of any village or town, vide clause (a) of Para 3 of the Sixth Schedule. However, this
power is restricted by the proviso following which enables the State Government to acquire
land. The Forum took the view that the proviso was ultra vires of the Constitution. It
traced the historical background of traditional land practice in Meghalaya stressing that
even the chief of Khasi states who acceded to India in 1947 did not have any right over
land since land belongs to the people. As such, the successor authorities i.e. the State
Government or the Central Government (the Defence Department), could not claim any
title over land. It felt that the action of the Defence personnel had been high-handed and
629
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arbitrary. The Chief Minister stated that a high-powered committee under Shri 1. Tariang,
former Rajya Sabha Member, had been set up to look into the matter and its report was
awaited. He explained he was aware of the resentment of the people; it was partially on
account of the fact that part of the land acquired earlier had not been utilized and had been
lying surplus. The local MLA's consent had been obtained in some cases. In ~ny eyent,
the State Government was looking carefully into the matter.
10. At first sight, it would occur to anyone that considering Meghalaya has 86 per cent
ST population (1991 census), the need for the three autonomous district councils i.e. Khasi
Hill Autonomous District Council, laintia Hills Autonomous District Council and the Garo
Hills Autonomous District Council under the Sixth Schedule should not be felt. It is often
premised that, ab initio, the autonomous district councils were established to protect the
rights and customs of the tribal people; subsequently, their functions were expanded to
include development. As of now, it may be argued that the Government of Meghalaya can
be entrusted to safeguard the culture, traditions, customs and practices as well as the
development of the Khasi, laintia and the Garo people, who are the principal STs in the
state and, as such, the argument in favour of ADCs has little merit. But it needs to be
remembered that in the vast non-tribal areas of the country, institutional mechanisms
aiming at democratic decentralisation have been set up at the district level in the form of
Zila Panchayats under-pinned by intermediate Panchayats and Gram Panchayats with the
Gram Sabha as the grass-root tier. In Meghalaya also, representative political structure at
the district level is a requisite. The Sixth Schedule ADCs were in position before
Meghalaya became a State in 1972, with all the powers and functions assigned by that
Schedule.
11. The representation of the Khasi Hill Autonomous District Council (KHADC) with
whom the Commission had a meeting the previous day, were brought to the notice of the
Chief Minister who felt that the KHADC was not generating its own resources and its
record of development work was not up to the mark. As to the demand for direct funding,
he thought that it was not a healthy practice. On the whole, he felt that the ADCs had
become a parallel government.
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12. In regard to Jhum, the Chief Minister informed that people were undertaking
terracing which, to a certain extent, met the concerns of ecological hazards. It was
difficult to totally wean the people away from Jhum as it was'a traditional practice and a
tribal way of life. However, the people were themselves getting converted to settled
cultivation wherever possible.
13. There were few big industries in the State. There were three cement plants, some
coal mines and some other units. When it was pointed out that land was not available for
location of industries because of restrictions under the Meghalaya Land Transfer Act, Shri
Lapang stated that with the declaration by the State Government of a certain area as
industrial estate, the land applied for could be given for industries. The State Government
was attempting to attract capital for iron ore, cement, food processing, fruit processing,
manufacturing of biscuits and other industries. The state's full power potential had not been
tapped, although there was one power plant. at Barapani. As for import of expertise and
skills from outside the State, he explained that despite some public resentment still over the
proposed railway line from Guwahati to Shillong, influx of people into Meghalaya went on.
To train skill, they had a polytechnic institute, but did not have an engineering college.
14. The big problem in Meghalaya was that of marketing of agricultural, horticultural
and forest produce. They had no market out-lets. For instance, they had good ginger crop
this year, but the price was falling in the absence of proper market facilities. He explained
at length that trade with Bangladesh should be opened up as that would boost economy and
curb smuggling. It would also help cutting at the roots of insurgency as the activities of the
potential extremists would be routed into constructive channels. Processing and value-
addition needed to be undertaken as that would be price-beneficial.
15. In the context of Supreme Court ban on timber extraction from forest, Shri Lapang
expressed the view that the decision did not take in to account the fact that the forest
industry offered employment to thousands of people in the State. In his view, such a ban
was not appropriate in Meghalaya, since traditionally tribals planted a tree for every tree
which was cut.
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Gist of discussions with Governor
16. The same morning i.e.on 23 May 2003, the Commission had a meeting with the
Governor of Meghalaya.
17. The first concern of the Governor was that the rural people and the rural areas were
neglected. Many villages lacked road and electric connectivity. He opined that the focus
should shift from urban and semi-urban habitations to rural areas. Mechanisms were
needed to direct development efforts towards the weak.
18. In Meghalaya, reliance was mainly on traditional institutions. A good number of
village councils needed to be constituted as per the traditional practices. The autonomous
district councils should have adequate linkages with the traditional bodies, like the village
councils.
19. The local community should be financially empowered. A regular functionary
should be attached to the village council and other local tiers. The Government could
exercise supervisory control.
Meeting with GHADC
20. On 23 May 2003, proceeding to Tura, the Committee met the Garo Hills
Autonomous District Council, representatives of various organizations and the Deputy
Commissioner, Shri S. Jagannathan. The Chief Executive Member referred to two main
issues. Firstly, there were inadequate financial flows from the State Government to the
GHADC. Secondly, Para 12-A of the Sixth Schedule needed to be amended. The other
points raised were as follow:
(i) The literacy percentage in the district was low and in rural areas it was even
lower. The female literacy would be about 7 to 8 per cent. It needed to be
improved. There was hardly any impact of the Government's schemes of
education like Sarv Shiksha Abhiyan, adult literacy etc.
(ii) Women were engaged in rural areas in producing ginger, turmeric
abundantly, but marketing was a big problem. Ginger was being sold at a
throw-away price ofRs. 5/- per Kg.
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(iii) Social welfare schemes for women were urgently needed.
(iv) Sanctions and allotments from the State Government were being received
very late.
(v) The Tura Mothers Union represented that in rural areas, there were no
doctors, medicines, mobile dispensaries etc. Even at Tura, the district
headquarters hospital, the patients had to buy medicines from outside.
Blood tests were not being done.
(vi) The drinking water supply position was very bad. The people were being
neglected badly.
(vii) Power failures were frequent. Many villages had not been electrified.
(viii) Roads were in a bad condition.
(ix) For construction of working women's hostel, an NGO had received Rs. 20
lakhs, but Rs. 3 lakhs were still to be received from the State Government.
Meeting with JHADC
21. Later, the same day, we paid a visit to Jowai, the headquarters town of laintia hills
Autonomous District Council. We held a meeting with the Members of the Jaintia Hills
Autonomous District Council, the Deputy Commissioner Mrs. L.Kharkungor and a host of
officials and non-officials.
22. In 1952, a number of Autonomous District Councils were created in the erstwhile
State of Assam, one among them being the United Khasi-laintia Hills Autonomous District
Council. The Jaintia Hills Autonomous District Council (JHADC) came into being in
December 1964 on the demand of the people of the laintia Hills. The JHADC has all the
trappings provided in the Sixth Schedule.
23. In a memorandum submitted to the Commission, it is mentioned that the laintia
Hills district comprises 19 Elakas headed by 18 Dollois and one Sirdar and that the Dollois
and the Sirdars are appointed by the District Council through adult franchise and according
to "customary practices". Each village has its own village Durbar headed by a village
headman duly elected by the residents of the village and confirmed by the Dolloi/Sirdar. It
is the duty of Elaka Durbar to look after the interest and welfare of the Elaka, to provide
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roads, drinking water supply, community halls, settlement of disputes, election of members
to the village courts etc.
24. The following issues were raised in the memorandum submitted to the Committee
and during discussions at its open meeting with the JHADC:
(i) The resources of the ADCs were limited and inelastic. The ADC had been
unable to exercise the power to collect taxes on lands and tolls on persons in
the district on account of prevalent traditions and customs.
(ii) Royalties were payable by the State Government to the JHADC in
shares agreed upon with the State Government, as per para 9 of the Sixth
Schedule. The matter is to be referred to the Governor in case of dispute.
Earlier, the royalty on coal was being shared on 60:40 basis, but
subsequently on the decision of the Governor, it was reduced to 25:75. This
put the Council in tight financial position, since this had been th~ir main
Income.
(iii) The JHADC did not receive its share of royalty on major and minor
minerals, taxes on vehicles etc. in full and in time. No account pertaining
to the actual collection and share due to the Council had been made
available to it. Sometimes deductions had been made without the Council's
consent.
(iv) The legislative bills passed by the Council had not received the consent of
the Governor for years, defeating their purpose.
(v) Para 12-A of the Sixth Schedule curtailed the power of the Autonomous
District Council.
(vi) The resources of the Council were inadequate for development activities.
Devolutions made by the State Government were meagre.
(vii) It was obligatory on the part of the ADC to organize and strengthen the
traditional institutions, but it could not undertake any significant improvement
on account of lack of funds.
(viii) There were no specialists even in the district hospital. Doctors did not stay in
the place of the posting in the rural areas.
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(ix) The underground water in 60-70 per cent of villages was being polluted on
account of random extraction of coal. The Jowai water supply scheme started
in 1990-91 at an expenditure ofRs. 92lakhs was still incomplete.
(x) During discussions, the rural electrification programme came under dispute
between officials and non-officials, the latter alleging that even villages on the
national highways were not electrified. Only 230 villages out of 459 were
claimed to have been covered.
(xi) The road coverage was said to be to the extent of 60-65 per cent.
(xii) One voluntary organization emphasized job-oriented education and self-
employment schemes. Banks were bt;:inginvolved.
In conclusion, the JHADC requested direct funding to the Council by the Central
Government.
25. The overall impression we gathered was that the state has a big lee-way to make in
the matter of development. While signs of better quality of life were evident in Shillong
and some urban pockets, the rural areas are still in the grip of low level of literacy, health,
hygiene, income etc. The State Government has to grapple with these issues squarely.
26. Fortunately, the State is, by and large, free from the scourge of insurgency, though
some faint rumblings can be heard. It is necessary that all reasonable grounds of genuine
grievances and complaints should be dealt with appropriately and, to the extent possible,
eliminated. Redressal should be made fair and prompt. One such grievance relates to
transfer and utilization of tribal land by military and para-military organizations. It is
undeniable that land is the most precious resource of a tribal family, considering the scarce
tribal presence in secondary and tertiary sectors. Hence, if at all, land is required, the
requisition should be limited to the minimum and, in any event, retention of land that has
already become surplus, should be ruled out. This single measure combined with
accelerated positive development results will, we hope, nip any efforts at insurgency in the
bud.
27. It has been brought to our notice that as per an order dated 4 September 2001 of the
Executive Committee of the Jaintia Hills Autonomous District Council, Christians have
635
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been debarred from contesting election to the post of Dolloi. An appeal against this order
was taken to the Gauhati High Court. The Court ruled that since Christians cannot perform
the religious duties required to be performed by the Dolloi of Elaka Jowai on account of
Christian religious practices and tenets, "their exclusion from participation in election and
appointment to the office of Dolloi is in pursuance of the rights guaranteed to the
denomination under Articles 25 and 26 of the Constitution of India and is in accordance
with law".
28. One matter which was agitated by the three autonomous district councils, mention
of which has been made in this note in para 7 (ii) relating to KHADC, in para 21 relating to
GHADC, in para 25 (v) relating to JHADEC, concerns Para 12A of the Sixth Schedule of
the Constitution reproduced herewith:
12A. Application of Acts of Parliament and of the Legislature of the State
of Meghalaya to autonomous districts and autonomous regions in the State
of Meghalaya. NotwithstandilJ.g anything in this Constitution, --
(a) if any provision of a law made by a District or Regional
Council in the State of Meghalaya with respect of any matter
specified in sub-paragraph (1) of paragraph 3 of this Schedule or if
any provision of any regulation made by a District Council or a
Regional Council in that State under paragraph 8 or paragraph 10 of
this Schedule, is repugnant to any provision of a law made by the
Legislature of the State of Meghalaya with respect to that matter,
then, the law or regulation made by the District Councilor, as the
case may be, the Regional Council, whether made before or after the
law made by the Legislature of the State of Meghalaya, shall, to the
extent of repugnancy, be void and the law made by the Legislature of
the State to Meghalaya shall prevail.
It means that the laws made by the State Legislature prevail over those made either by the
autonomous district or regional councils. This provision seems to have been included
through the North-Eastern Areas (Reorganisation) Act 1971. Having had no such
superseding legislative authority during the first two decades of their existence, the
Councils resent the authority of repugnancy vested in the State Legislature. An example of
it was cited by the KHADC, vide para 7(ii) foregoing. In this example, an ethnic issue had
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been legislated both by the KHADC and the State Legislature and the enactment of the
latter prevails. Its resolution should lie between the two bodies.
29. As mentioned, the State has three autonomous district councils, one each for the
three principal tribes of the State i.e. the Khasi, Jaintia and Garo set up as per the
provisions of the Sixth Schedule. These councils were designed initially to enable the
tribal communities to live life in tune with their culture, traditions and customs as also to
follow their own self-management paradigms within well demarcated spheres.
Subsequently, they have been entrusted development functions also. Their relationship
with the state-level authorities has been defined in the Sixth Schedule. It appears certain
strains have arisen between the two sets of authorities owing to differing role perceptions.
The ADCs not only expect more financial and administrative support from the State than
they have been receiving so far, but also de facto'recognition of the Council's de jure
constitutional status and functions. Secondly, the ADCs complain about paucity of funds
for undertaking development functions. It may not be untrue that the State authorities have
not been too liberal with their financial devolutions. Shortage of financial resources with
the Councils might be a factually correct position, but it needs also to be appreciated that
the Councils' own efforts towards resource mobilization do not appear to be adequate. The
JHADC apprised us that the tribal customs and practices inhibited tax collection. If so,
provision of modem amenities like educational and health institutions, roads, power etc.
could suffer. On the whole, either because of the differing viewpoints and perspectives 'or
otherwise, we observed slow pace of the on-going planned development process. This
would retard people's socio-economic progress and frustrate their aspirations. We would
fervently urge that an ethnic state like Meghalaya should provide leadership to other states
in the country, particularly those having sizeable ST populations.
30. Be all that as they may, it has to be realized on all hands that a better working
relationship between the district level and state level authorities is a prime requirement.
Neither the State administration nor the ADC administration can be wished away. In co-
existence, mutual give and take, in fact active cooperation, are needed. Further, in
2564 SA&ST/04-41A
637
Meghalaya, the people's oodies below the district level are products of composite interplay
of traditional and elective forces, the complexity of which only the protagonists can fully
understand and negotiate. Hence, it becomes incumbent on the part of leadership to steer
the traditional-modem system wisely.- Needless to say, the leaders at all levels, state,
district and infradistrict levels have to join together as partners in the service of the people.
We learnt that women are generally not welcome to ADCs and may not exercise their
franchise. This is not in keeping with the day's liberal values and attitudes. We reiterate
that no amount ot constitutional or statutory strait-jacket caveats can ensure success. In the
;:sreat adventure of development, the partners have to join hands willingly, making
concessions where necessary. A cooperative and harmonious politico-administrative
machinery is a sin qua non for the development of people of Meghalaya.
638
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Recommendations
The Commission noted the differing perceptions of the Autonomous District
councils (ADCs) and the State Government of Meghalaya of the role of each other.
Whereas the former felt that, as constitutional entities, they were not getting their due
particularly in the matter of finances, the latter were of the view that the ADCs were
emerging as parallel government. While we appreciate that there are areas of over-lap as
well as gray areas, we feel that a better working relationship between the district level and
state level authorities is a prior requirement and should be worked out outside the ambit of
the legal frame. In co-existence active cooperation is needed.
2. Since, in Meghalaya, the people's bodies below the district level are products of
composite interplay of traditional and elective forces, the complexity of which only the
protagonists can fully understand, it is incumbent on the part of the leadership to steer the
traditional-modem society wisely.
3. It was understood that a good number of village councils needed to be constituted as
per the traditional practice. Steps may be taken therefor.
4. While signs of better quality of life were evident in Shillong and some urban pockets,
the rural areas being in the grip of illiteracy, health, hygiene, income etc. required massive
attention on the part of the State Government.
5. The State being more or less free from the scourge of insurgency, it is incumbent that
all reasonable grounds of genuine grievances and complaints should be dealt with
appropriately. Redressal should be fair and prompt.
6. One particular grievance related to transfer to and utilization by military and para-
military organizations of tribal land. If, at all, land requirement is unavoidable, the
requisition should be limited to the minimum and, in any event, retention of land that has
639
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become surplus should be ruled out. This single measure combined with accelerated
positive development may nip insurgency in the bud.
7. It appeared that the ADCs were not putting in adequate effort to generate resources.
At the same time funds in the shape of royalties etc. were due from the State Government
to them. Both need to take action in the matter.
\ 8. One problem related to para 12(a) of the Sixth Schedule which allows paramountcy
in legislation to the State Government over the legislation of the ADCs in regard to subjects
allotted to the ADCs in the Sixth Schedule. This is a matter which requires
accommodation and resolution between two constitutional authorities.
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Mizoram
(Mi ( Man) Zo (Hill) ram (Land/Country) - literally means Hill Man's Land)
Mizoram became 23rd State of India in February 1987. Before that it was a District of
State of Assam upto 1971 when it became Union Territory under North-Eastern Areas
(Re-organization) Act, 1971; & the Government of Union Territories (Amendment) Act,
1971. Under the Article 371G of the Constitution special provision has been made with
respect to the State of Mizoram.
The State is located in the North-Eastern part of the country. It has the International
land borders with Bangladesh and Myanmar. Inter-State borders are with Assam in
the North, Tripura in the North West and Manipur in the North-East of the State.
The vital statistics of Mizoram are as under:-
Total Geographical Area
Population 2001
(provisional)
Density of population
(Per Sq. Km.)
Sex Ratio
Literacy Percentage
21087 Sq.Km.
891058
(Decadal growth rate 1991-2001 IS
29.18% against national 21.34%)
42 against national 324
938
Better than national average at 933
88.49% against national 65.38%
Male Female
90.69% against 86.13% against
nationaI75.85% national 54.16%
The literacy rate is the second highest in India next only to Kerala.
11
The Scheduled Tribes
Under the 'Constitution (Scheduled Tribes) Order 1950' notified on 06.09.1950, when
it was a District of Assam, the list of the Scheduled Tribes in the State of Mizoram is
as under:-
1. Chakma
2. Dimasa (Kachari)
3. Garo
4. Hajong
5. Hmar
6. Khasi and Jaintia (including Khasi,
Synteng or Pnar, Bhoi or
Lyngngam)
7. Any kuki tribes including 1
Mizo (Lushai) Tribes are the largest in the State.
Administrative Divisions
8. Lakher
9. Man (Tai-Speaking)
10. Any Mizo (Lushai) tribes
11. Mikir
12. Any Naga tribes
13. Pawi
14. Synteng.
15. Paite (Added under the
amended Order of 2002)
The State of Mizoram with the State Hqrs. at Aizwal has 8 Districts with 22 Rural
Development Blocks. The Districts are - Aizwal; Champhai; Namit; Serchhip; Kolasib;
Lunglei; Lawngtlai and Saihe. There are 3 Autonomous District Councils set up under
the provisions of the 6th Schedule of the Constitution, namely-
1. Chakma Autonomous District Council
2. Lai Autonomous District Council
Both these Autonomous District Councils are located in Lawngtlai
Administrative District.
3. Mara Autonomous District Council - located in Saihe District
Prior to the upgradation of the Mizo District of Assam to the status of Union Territory in
1972, the Pawi-Lakher Regional Council and Mizo District Council were in existence.
With the creation of Union Territory of Mizoram, the Mizo District Council was
dissolved and that the Pawi-Lakher Regional Council was split into 3 Autonomous
District Councils viz. Lakher, Pawi and Chakma Autonomous District Councils.
Subsequently, the Pawi District Autonomous Council was re-named as Lai
(i) Baile or Biete; (ii) Changsan; (iii) Chongloi; (iv) Doungel; (v) Gamalhu; (vi) Gangte; (vii) Guite; (vii) Hanneng; (ix)
Haokip or Ilaupit; (x) Haolai; (xi) Hengna; (xii) Hongsungh; (xiii) Hrangkhawl or Rangkhol; (xiv) Jongbe; (xv) Khawchung;
(xvi) Khawathlang or Khothalong; (xvii) Khelma; (xviii) Kholhou; (xix) Kipgen; (xx) Kuki; (xxi) Lenthang; (xxii) Lhangum;
(xxiii) Lhoujem; (xxiv) Lhouvun; (xxv) Lupheng; (xxvi) Mangjel; (xxvii) Missao; (xxvii) Riang; (xxix) Sairhcm; (xxx)
Selnam; (xxxi) singson; (xxxii) Sitlhou; (xxxiil);uktc; (xxxiv) Thado; (xxxv) Thangneu; (xxxvi) Uibuh; (xxxvii) Vaiphci.
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Autonomous District CounCil and that the Lakher Autonomous District Counil was re-
named as Mara Autonomous District Council also. Th~ larger Northern Mizo area
came under the direct governance of the UT Administration. No change took place in
the Sixth Schedule set-up after Mizoram attained Statehood.
The Area specified in Part~11Iof the Table in paragraph 20 of the 6th Schedule forming
parts of the 3 Autonomous District Councils as mentioned above, are tribal areas of
Mizoram. The tribal areas generally mean areas having preponderance of tribal
population. The entire State of Mizoram has preponderance of tribal population and in
fact, the Mizo Tribes are in the majority. There is, often, a controversy raised in the
State of Mizoram among different tribes about the meaning of the tribal areas as under
the provisions of 6th Schedule, the tribal areas are the areas comprised in these 3
Autonomous District Councils in existence as if the rest of the areas with the tribal
preponderance are not in the tribal areas. This requires a solution as to the
interpretation of the terms scheduled tribes and the 'tribal areas', However, all the
tribal communities notified as scheduled tribes under the Constitution (Scheduled
Tribes) Order 1950 in respect of State of Mizoram are the scheduled tribes. A section
of the non-officials who met the Commission urged that, with the exception of a small
area comprising about 20 per cent and a percentage of population even less covered
by the three Sixth Schedule Autonomous District Councils, the major part of the area
of the State does not fall under either the Fifth or-the Sixth Schedule, consideration
may be given to the question of extension of either of the Schedules to it.
It is the prerogative of the people to make a demand. Mizoram is a tribal
State, and there is perhaps no purpose served by extending the
~
provisions of the Fifth Schedule, nor it is applicable to this State under
Article 244 of the Constitution. However, a point was raised before the
Commission during the course of interaction with the representatives of
the social organizations and political parties as to why the provisions of
the Sixth Schedule were not extended to the whole of the Mizoram on the
pattern of Meghalaya State. Any decision in this regard shall have to be in
the larger interest of the people of Mizoram.

Economy
The State economy in terms of Net State Domestic Product (NSDP), the figures
available for the year 1999-2000 registered an annual growth rate of 13.1% at current
prices as against 11.4% in the preceding year 1998-1999. The per capita income at
current prices during the year 1999-2000 has been estimated as Rs. 14,909.00 as
against Rs. 13,479.00 during the.year 1998-1999 showing annual increase of 10.6%.
The Primary Sector (Agriculture and Allied Sectors) contributed 22.75% and the
Secondary Sector (Industry, Trade and Commerce) contributed only 15.2% and the
Tertiary Sector (Services) contributed 61.93%. The trend analysis showed that the
contribution of Agriculture comparatively has declined but there has been an increase
in absolute terms. The contribution of Secondary Sector remained constant
comparatively on lower side.
Agriculture
Being a primary and traditional sector, Agriculture is important for the economy of the
State. The Agriculture depends heavily upon rainfall and the monsoon which has
steadily remained normal with marginal variation over the years. Paddy is the chief
food crop raised in both Kharif and Rabi season of production and there has been
significant increase in the production of Kharif Paddy which has increased from 0.88
Lac MT during 1999-2000 to 1.02 Lac MT during 2000-2001 with Rabbi Paddy
production at 1565 M Tonnes. Maize is the second major crop. The latest Agricultural
Census is of 1995-96 which shows that there were 65919 operational holdings with an
area of 85000 hec. in the State and most of which are in the category of marginal and
small holdings. The State is deficit in food production.
Jhum or shifting cultivation is still a prevalent method of cultivation in the State of
Mizoram. Figures for 2000-2001 showed that over 35000 hec. of land which is about
34% of the total cropped area has been under jhum cultivation. The State
Administration as well as tha farmers admit that jhum cultivation which causes soil
erosion resulting in destruction of valuable forest vegetation, eco-degradation and that
its yield has also been comparatively low. The forest policy measures and initiatives
have been taken by the State of Mizoram to stop this destructive method of cultivation.
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BLlt,there has been total failure as far as implementation of these policy objectives in
respect of Jhum cultivation.
Jhum cultivation is presently indispensable for tribal economy, the mind-
set of the people should be changed to switch over to permanent
cultivation that is eco-friendly. The Commission is of the view that a
viable alternative to Jhum cultivation should be found and that the areas
so far put under Jhum cultivation should be brought under the social
forestry, fruit-tree plantation and settled cultivation by the farmers who
can be given the title of Settlement Certificate Holder or pattas in eligible
cases so that they can invest on the development of their holdings by
terracing the land for cultivation. Where the ownership of the land is with
the community a legal instrument should be devised to enable the
cultivators to avail of the loan facilities from the financial institutions,
where security is required to be furnished by the loanee.
There should be, in pursuance of the policy objectives, a Master Plan to be put in
place for development of terrace cultivation both on the hill slopes and in the valley
areas. The soil depth is good for the purpose of cultivation at most places as per the
Expert's Report on the subject. Rainfalls and Monsoon have been steady and there
has not been any variation as per the trend analysis to cause concern as there has
hardly been any occasion when State was hit by drought conditions. The entire State
of Mizoram is under direct influence of Monsoon receiving an annual average rainfall
of 2693 mm. In fact, Jhum cultivation depends mainly on the Monsoon rains. The
settled cultivation by terracing the hill slops, soil in the valley areas can be
undertaken with the help of Monsoon. Except for the Paddy which mainly depends
upon regular irrigation, and the other crops depend on Monsoons as is the case in
most parts of the country. In fact, the soil conditions, the hill slopes and the climatic
conditions are well suited for the horticultural development. The Commission was told
that the State Government is placing a considerable emphasis on the development of
horticulture. The traditional fruits grown are Oranges, Bananas and Lemons etc. There
are vegetable crops also grown in the State which can be further promoted to meet
the requirement of the State of Mizoram. Certain oft-session vegetables can be
promoted for export market from the State. There are irrigated areas as per the
n
Government record which is about 11629 hectares out of the total cash cropped area
of 104689 hectares. Small irrigation schemes including the lift irrigation can be
developed by tapping the streams, rivulets, rills and the rivers.
The Commission recommends that the State may draw-up a
comprehensive plan for the development of fruit crops like Oranges and
Lemon for long distance markets i.e. for exports to generate employment
and income for the State. These citrus fruits do not generally require
immediate storage, the cold storages would be required for long term
storage awaiting despatches to the distant markets. The agro-climatic
conditions are well suited for these fruits, the Commission observed.
Considering the geographical location of the State, there should be
marketing infrastructural facilities both for agri-produce and for the
industrial goods particularly for the long distance market.
The development of Agriculture/Horticulture, for a quantum jump in the production of
food crops and fruits by using modern methods of cultivation taking cue from the
green revolution which the country succeeded in bringing about. This would require
initial investment for terracing of the land, arranging improved seeds, plant materials,
agriculture inputs like chemical fertilizers, compost and farm manure plant protection
inputs like pesticides, insecticides, fungicides etc.
The Commission observed that the major impediment to the
Agriculture/Horticulture development in the State has been the existing
land tenure system which needs to be regulated. The investments of the
type as discussed above would require finances and the investors will
have to plan on a long-term basis and he must have the land in his
ownership or on a long term lease for cultivation. The cultivators should
at least have right to possess the land holdings through long-term
patta/or lease for cultivation on a continuous basis. This is the major
incentive that is needed to help the farmers, invest on a long-term basis
which alone can bring green revolution resulting in employment and
income generation. The COqlmission, therefore, recommends that the
land holdings settlement need be conducted as fast as possible in this
respect.
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Allied to the Agriculture/Horticulture is Animal Husbandry. The latest live-stock Census
1997 shows that there were 2.56 lacs live-stocks in Mizoram. Of these 1.63 lacs were
pigs and there were only 33,000 cattle heads in the State. The poultry population at
18.76 lacs is impressive. The cattle development and the milk production have not
received substantial impetus. Development of Animal Husbandry in the green hills of
Mizoram with good forest vegetation has tremendous scope which can help further
increasethe opportunities for the employment and income generation. It appears that
dependence on Jhum cultivation was primarily on account of non-availability of
compost and farm manure apart from the vast tracts with vegetative growth-available
on the gentle hill slopes. The settled cultivation and agricultural production can be
helped by raising the cattle to provide compost and farm manure to augment the
chemical fertilizer as an essential input in production.
The Commission recommends that the cattle development should receive
impetus in the state along side the development of pigs and poultry as
there is a scope for the cattle development in the view of the greenery and
the vegetation available naturally in the State.
Forest
87% of the total geographical area of the State, as per the Forest Survey of India, is
the forested area covering over 18,338 Sq. Km. 20% of the forested area is un,der
dense forest while 68% of it is open forest. Actually 38% of the total geographical area
shown as forested area is with the Department of Forest. The forest vegetation is
comprised of tropical wet ever-green and semi ever-green forest. As reported there
are more than 200 medicinal plants and 22 species of bamboo in the forests of
Mizoram. The income from the forest produce as per the figures available for 1999-
2000 was at Rs. 122.85 lakhs only. The approved Annual Plan outlays for the year
2002-2003 for the forestry and wild-life was at Rs. 600 lakhs. The forestry
programmes under the plan are comprised of the survey of forest resources;
silvicultural research including survey of the minor forest produce. The major
development work of the minor forest produce pertains to bamboo plantation
development which is being undertaken with the active participation of farmers and

growing bamboo in the farm sector by using improved bamboo technology/processing

etc.
The State and particularly the Department of Forest is currently faced with the problem
arising out of the Jhum Cultivation despife the policy declarations to do away with
the Jhum cultivation and the realization has dawned on the Department and the
people as well that Jhum cultivation is the destructive way of crop cultivation resulting
in ecological degradation which will cause devastation if it is continued perpetually.
The Commission observed that the fragile eco-system of the Mizoram
hills can be protected and the fast depletion of the forest resources can
be checked only when the State finds a viable alternative to the Jhum
cultivation. The Commission further recommends that the State
programme launched for the development of bamboo plantation with the
active participation of the farmers with the help of bamboo
technology/processing should receive impetus, as the development of
improved bamboo plantation as a commercial venture will help g~nerate
employment and income.
It has also been reported that the Department has over 800 staff of uniformed cadre
and due to the funds constraint uniforms are not being provided to the staff for the last
five years and this situation has caused a serious erosion of discipline and has
adversely hit the morale of the staff.
The Commission observed that deployment of staff Le Guards and
Rangers in uniform is essential particularly for establishing perceptible
interaction between the forest staff and the people, who have the
traditional rights to exploit minor forest produce and for timber rights
regulations etc.
The Commission was told that there have been problems associated with the farmers
- forest interface as well as the territorial disputes between the Forest Department and
the Revenue Department. Forest Department considers that over 38% of the
geographical area are forest lands which can not be put on non-forest use such as
farming or for the development of infrastructure for trade, commerce and industry.
Actually as reported by the farmers as well as by the Departmental Officers there
648
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are conflicting claims of areas under the Forest Department and the Revenue
Department. The Local Village Councils have been earmarking areas for Jhum
cultivation in the forest lands as well assumingthem to be the Revenue lands.
The Commission observed that no solution has been found by way of
survey and settlement as more and more areas turn out to be the forest
land as per the records although these are actually in the possession of
farmers under cultivation whether it is the settled crop farming or
encroachment i.e. occupation without a"ny document. This State
Government may have to settle this issue effectively with the help of land
Holding and Settlement Act 2000 and by completing the joint survey
being conducted by the Forest and Revenue Departments.
During the discussions in the meeting with the Officers, it was reported that there are
cases of encroachment by the farmers on the forest land and that the Department of
Forest has conducted survey to prepare the cases of encroachments which has not
yet been completed. It might still take much longer time to complete the survey work
and the compilation of the cases of encroachment on forest land.
The Commission recommends that the cases of encroachment which
fulfil the eligibility criteria as laid-down by the Government of India Policy
Directions under the provisions of the Forest Conservation Act, 1980
should be processed for regularization.
The State Government has not so far taken any policy decision in this regard as was
revealed during the discussion with the officers. The Departmental Officers revealed
that the number of encroachment will be quite large and that substantial area of the
Forest Department is either under encroachment by the farmers or being disputed
between the Forest Department and the Revenue Department. In fact, in respect of
such a dispute a joint survey is being conducted to ascertain the ground realities so
that an all-time settlement could be done. At present, as nothing substantial has been
done to stop the Jhum cultivation despite the policy declarations, there are cases of
land allotted for Jhum cultivation by the Village Council assuming the said land to be
the land with the Revenue Department.
(;49
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Industry
The Secondary Sector comprised of trade, commerce and industry have very little
contribution in the State economy as per the figures for 1999-2000. The Secondary
Sector has contributed only 15.32% which has been the case in the State for a
number of years in the past. The State Government has adopted "The New Industrial
Policy of Mizoram, 2000" for the accelerated industrial and economic development of
the State. As per this policy some priority industries have been identified. There are
virtually no big industries. The figures for March, 2001 revealed that there were 4600
small industrial units which provided employment for 25,974 persons. Some more SSI
units were registered thereafter including under Khadi and Village Industries. Taken
together, trade, commerce and industry there were 23,199 non-agricultural enterprises
in the State as per economic census conducted in 1998. But forest based industry has
a potential, as 22 species of bamboo and more than 400 varieties of medicinal plants
have been reported, apart from the usual timber and non-timber species. Two
particularly conspicuous small industries with wide scope, are textiles (with typical
ethnic styles, colours and designs, true of the entire north-eastern region) and IT for;
which the pollution-free atmosphere and climate of Mizoram are well suited.
The main reasons for the industrial backwardness as stated are lack of
communication and infrastructural facilities and also for the fact that the State is power
deficit. The total consumption of electricity during 2000-2001 was 137.40 mkwh. out of
which over 70% was on account of domestic consumption against which the power
generated in the State during 2000-2001 was only 12.45 mkwh. Availability of the
power supply is the pre-requisite for any industrial development activities that too at
reasonable rates. The State will have to build its installed capacity of power in the
absence of which it will have to purchase power from the national/regional grids. The
Commission was apprised that two major projects Tuirian (60 MW) and Bhairavi (18
MW) were under completion. It is only with the assurance about adequate supply
of power that the entrepreneurs can be attracted for the setting up of industrial
projects and for the commercial venture in the State. The banking Infrastructure is
not adequate in the State as at the end of the financial year 2000-01 there were only
94 bank branch offices.
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The Commission observed that the Secondary Sector is important for
raising the level of State economy which will have a multiplier effect on
employment and the income generation. Equally important is the network
of infrastructural facilities such as road, water supply, modern
communication and information technology made available for the faster
economic development.
The figures for 2000-2001 was that the total length of roads in the State was about
4000 Kms. out of which little over 2000 Kms. were surfaced road. Out of the total 732
(2001 census) inhabited villages in the State, 360 villages were connected by all
weather roads and the rest were connected by fair weather roads. The major road
communication connecting the State was via Silchar. The State is approachable by
train upto Bairabi for the goods train and upto Silchar in Assam by passenger train.
None in the State Government talked about the feasibility or demand
thereof for the rail links and network of rails for the State. At least the
road development through Mizoram connecting States on the North-East
and North-West of the State should receive consideration if the economy
of Mizoram is to be galvanized, the Commission observed.
Other things like banking network etc. would automatically be followed when there is
an industrial development and progress made in the field of trade and commerce.
The Commission observed that the tropical climatic conditions of the State
of Mizoram is well suited for the development of sericulture which can play
a significant role in the re-construction of the rural economy that would
provide employment and income mostly to the weaker section of the
society.
Sericulture as reported, is economically and commercially viable rural industry
although it is being developed at a slow pace and the reasons attributed are lack of
infrastructural facilities and paucity of funds etc. The Xth Five Year Plan 2002-2007
has given emphasis on the development of Sericulture. Priority is being given to seed
production to cater the demand of the farmers and also for the development of Silk
Reeling and Silk Weaving units. In fact, the State has set up a Department of
aSi
Sericulture which has also research and training programme contents in the process
of development of Sericulture in the State.
It appears that although the emphasis is rightly on the development of
Sericulture yet there is no surveyor any feasibility exercises undertaken
to ascertain the potentiality of Sericulture and its impact on the rural
economy. The State Plan Budget outlays in respect of Sericulture is
mainly on the Direction and Administration where staffing structure does
not provide for the deployment of the experts and scientists who should
be having major role to play in the development of Sericulture.
Rural Development
The State Government is implementing various schemes under State Plan as well as
the Centrally Sponsored Schemes under rural development programmes including all
poverty alleviation programmes for the development of rural poor etc. It was reported
that all 911 habitats identified within Mizoram have been provided with at least one
source of water supply. Out of 910 villages in the State, 430 have been reported to be
fully covered with piped water supply and 480 have been partially covered. This
programme would need to be attended to expeditiously.
It is a good thing that the State Government has made efforts to improve
and supplement the existing level to a minimum level of 40 litters pe,r
capita per day, the Commission observed.
Education
In terms of literacy percentage as per the vital statistics given at Para 1 above, the
State of Mizoram is the first only to Kerala in the country with 88.49% literate persons.
In the field of education, no problems were faced by the people nor any issues related
to education came up for discussion with the State Administration. However, in a
meeting with the NGOs, Voluntary Organizations and the Representatives of the tribal
leaders, the Commission was told that there was a need for setting up hostels for the
tribal students from Mizor-am and other States in the North-East in the cities like Delhi
and Kolkata.
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The Commission recommends that some more hostels. be built' in the
State and that hostels for the tribal students from Mizoram and other
States in the North-East may be set up in the metros - Delhi & Kolkata
under Centrally Sponsored Scheme or under any other schemes to meet
the demand which appears to be quite pressing as well as genuine for
those students who are to pursue their higher education and professional
courses o.,.tside the North-East States.
Health Services
Reports say that the overall health status of the people of Mizoram has shown
improvement with the network of the facilities such as State level Hospitals,
Community Health Centres, Primary Health Centres etc. The birth rate as per the Civil
Registration System operated in Mizoram estimated 21.38 per thousand against the
death rate of 4.02 per thousand during the year 2000 and that the infant mortality rate
was at 11.5 per thousand during the same year which surely are the progressive
indicators. However, the Commission was told by the Chakma and Lai Autonomous
District Councils that the infrastructural facilities for health set up in these Autonomous
District Council Areas are inadequate. The Council Members alleged total neglect by
the State Government in the field of health services.
The Commission recommends that the State Government may consider
strengthening the health services in the Autonomous District Council
Areas by augmenting budgetary support for the ADC areas located at
long distance down-south of the State. Drug abuse has been increasing
and there is a need to keep the situation of HIV/AIDS under constant
observation. The State Government with the assistance of the Central
Government and the society as a whole need to build awareness and
jointly take measures particularly to tackle the drug-trafficking in the
region being used as a corridor.
The Acting Chief Secretary said in the meeting that some measures to rehabilitate the
drug addicts have been taken and that the NGOs and the Health Department are
actively engaged in the campaign against HIV/AIDS and addiction problems. There
should be de-adiction centres set up in the State as a measure of rehabilitation.
2564 SA&ST/04-42A
m.
Autonomous District Councils of Mizoram
There are three Autonomous District Councils namely - Lai Autonomous District
Council, Chakma Autonomous District Council and Mara Autonomous District Council
with Hqrs. at Lawngtlai, Kamla Nagar (Chawngte) and Saiha respectively. The Sixth
-..._,~,~. __ .. < .
Schedule confers wide I~~islatiye, judicial, financial and administrative powers on the--
Autonomous District Councils (ADCs). In theory, the autonomy has been so significant
as to induce a former Chief Justice of India, Justice Hidayatullah, to describe the Sixth
Schedule as "a Constitution within the Constitution". The ADCs have the full
paraphernalia of the three wings i.e. legislative, judiciary and executive. The Council
functions as a mini-Assembly of predominantly elected tribal representatives from
amongst whom an Executive Council, virtually corresponding to a State Cabinet, is
constituted. The ADCs can have 30 Members of which 4 are nominated by the
Governor and the rest are elected with a five-year term. The ADC has the power to
create a judicial apparatus in the District. The Schedule lists of a wide variety of
subjects with regard to which the ADCs exercise powers. On 8th April, 2003, the
Commission had the chance to visit Members, Ex-Members and the public of Lai ADC
at Lawngtiai and of Mara and Chakma ADCs at Siaha. The meetings at the two places
with a cross-section of Members of the three ADCs, representatives of political parties,
representatives of different organizations and members of the public gave the
Commission insights into the working and performance of the ADCs. In the first
instance, the three Districts in South Mizoram are comparatively small and
mountainous. As per the 2001 census, the Lai ADC has a population of 51,878, the
Mara 50,188 and the Chakma 32,807. The villages are small and scattered. Flat
patches of land are not common; hence, communications are difficult. In fact, the
administration suffers from lack of accessibility. The economic condition of people is
not too good. More than 70% of the families depend on agriculture and jhuming is
practised.
The Government of Mizoram has entrusted many functions to these District Councils
under paragraph 6 (2) of the Sixth Schedule in relation to agriculture, animal
husbandry, community projects, social welfare, industries, soil conservation, forest etc.
all put together about 20 subjects/departments by notification No. B.17012/3/92-DCA
dated 22nd Sept. 1993. In addition ADCs handle land and land revenue matters. The
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2564 SA&ST/04-42B
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duties devolving on the ADCs are clear-cut and, apparently, going by the figures of
staff strength furnished, the administrative apparatus does not appear to be
inadequate. Yet attention seems to have been focused on self-reinforcement rather
than on opportunities for service in the interest of the people at large.
The ADCs have been demanding delegation of powers/functions to them 0[1 the
subjects/departments listed in the Eleventh Schedule and the Twelfth Schedule of the
Constitution also.
I
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The Commission observed that most of the subjects/departments as
listed in the Eleventh Schedule and the Twelfth Schedule of the
,
Constitution have already been transferred to the ADCs in the Council
Areas. It recommends that the Government of India may consider
constituting a Task Force to conduct appraisal to establish whether it is
feasible to integrate subjects/functions assigned to the Panchayati Raj
Institutions and the Municipalities under Article 243G& Was listed in the
Eleventh Schedule and the Twelfth Schedule of the Constitution with the
powers/functions assigned to these Councils under the provisions of the
Sixth Schedule of the Constitution, and to make necessary
recommendations in this regard.
The areas specified in these three Autonomous District Councils as per the provisions
of paragraph 20 Part '" of the Sixth Schedule are named as Tribal Areas in the State
of Mizoram. The Governor has certain constitutional roles in respect of these
Autonomous District Councils Areas under the Sixth Schedule of the Constitution.
The laws and rules framed by the District Councils require approval of the Governor.
He can also specify the jurisdiction over suites/cases to be tried by the District Council
Courts. There are Village Councils cum Village Courts constituted in each of these
District Councils - Lai ADC - 83; Mara ADC - 60; and Chakma ADC - 69. The
appeal against the decisions of the Village Councils lie before the Subordinate District
Council Court and from that to the District Council Court, finally to the High Court
having jurisdiction in the State of Mizoram. Under the customary laws and practices,
/
even crimes like murder and rape are compoundable.
\ The Commission observed that the administration of criminal justice as
obtaining under the Sixth Scheduleat present needs an appraisal/review
\ a5~
g
particularly in respect of heinous crimes under IPC and so also the law
and order and procedural matters under the Cr.PC. The Judicial Wing of
the District Councils may not be fully equipped to try many cases under
the IPC and special Acts. Such cases need be tried by the Magistrates
and Judges duly appointed with the Jury comprised of Judicial Members
nominated by the District Councils. This will entail necessary amendment
of the provisions of the Sixth Schedule.
The Discretionary Powers of the Governor
The Governor in the discharge of his functions under various paragraphs and sub-
paragraphs of the Sixth Schedule shall, after consulting the Council of Ministers, and if
he thinks it necessary, the Autonomous District Councils or the Regional Councils
concerned, take such action as he considers necessary in his discretion under 2088
of the Sixth Schedule whereas in the cases of Autonomous District Councils in Assam
under 20 Bf\, the Governor can take any action as he considers necessary in his
discretion. The ADCs demanded that the Governor in all cases where he exercises
his own discretion under the provisions of the Schedule should do so only after
consultation v''/iththe District Councils.
The Commission recommends that necessary provisions may be made in
pan:lfH'aph 20 BB of the Constitution making it compulsory for the
Ge:,',;emor to exercise his discretionary powers only after consultation
with the Autonomous District Councils in Mizoram as has been provided
under 20 SA of the Schedule in respect of Autonomous District Councils
of the State of Assam.
State of Financial Resources
The allocation of funds made for three Autonomous District Councils were under Plan,
Non-Plan; CSS and NLCPR during the first year 2002-2003 of Xth Five Year Plan.
The total allocation to these three Autonomous District Councils under Plan was Rs.
1890.66 lakhs and under Non-Plan Rs. 3335.00 lakhs. During the year under CSS a
sum of Rs. 50 lakhs was allocated to Lai ADC and the other two District Councils
were not provided with any allocation under CSS. The Lai ADC has also been
declared a Nodal Department for Border Area Oevek'lment Programme but no funds
656
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were released during year to the Council as the works under this programme were
undertaken by the Rural Development Department of the State in the past. There is no
mention about the releases under SCA and grants-in-aid under Article 275 of the
Constitution to these Councils during the last five years. The funds allocation under
Plan to these Councils are for the subjects/functions allocated to the District Councils.
In respect of the allocations under Non-Plan, these are m.eant to meet the requirement
of Non-Plan Expenditure in the Autonomous Districts. There may be a number of
schemes under Plan not specificalfy allocated to the Councils which are utilized for the
schemes executed by the Line Departments.
All the Autonomous District Councils stated that 2/3rd of the allocations of funds are
being spent on establishment.
The Commission observed that the Councilsexpenditure on the staff and
establishment is on the higher side leaving very little for the execution of
the development works allocated to the Councils. The question .of
disparity in the allocation of funds to Councils raised by the
representatives of these Councils can be examined by the State
Government. We would like to stress that since estimated receipts and
expenditure are assessed by the Council through discussion and then are
to be shown separately in the annual financial statement of the Stateto be
laid before the legislature of the State under Article 202, the financial
procedure prescribed should be followed. The State Government may
view the matter of devolution of funds both in the light of needs
expressed in the Co~ncil's commuinications and the overall availability of
resources in the Stat~'s coffers. However,the Planning Commission may
consider indicating .he share of ADCs separately in the Plan budget of
the State.
Another question raised by t em was that only the Autonomous District Council Areas
being the Tribal Areas alo e can claim grants-in-aid under Article 275 of the
Constitution. What they me n is that Non-Council Districts in the States are not
entitled to the grants under he Article 275. This claim is not credible as the grants
a5':!
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under the said Article can be released for welfare and development of Scheduled
Tribes including the Scheduled Areas and Autonomou6 District Council Areas and the
dispersed tribal population as well.
The Commission found, from the perusal of the funds allocation, that no
grants-in-aid were released for these Autonomous District Councils under
Article 275 during the last five years. The Commission recommends that
the State Government shguld entertain the claims for such grants from
the Councils and submit them to the Government of India for the release
of such grants.
Another point raised by these Councils was that the Plan expenditure currently made
by the Line Departments should also be brought under the control of the Councils.
This claim does not appear to be on sound footings as it is apparent that the Councils
are not well-equipped with the technical staff and infrastructure for execution of larger
schemes/projects requiring the application of expertise and some level of technology.
The Commission further recommends that the works and the plan funds
assigned to the Line Department in all sectors of economy in the ADC
Areas should be planned in consultation with the Councils and
implemented by the Departments with the approval of the Councils. The
ADC may also be given powers to monitor and evaluate the results in
terms of financial and physical targets fixed and achieved. Such
delegations of power and functions to the Councils and the enlistment of
their participation are the essential features of self-governance enshrined
in the provisions of the Sixth Schedule particularly in the social sectors -
education, heath services and also in the civic functions.
General
(1) These Councils also mentioned that unemployment problem is greatly faced by
the District Councils and a good number of educationally well qualified
persons are without jobs/work. They alleged that the candidates from District
Council Areas are not given reasonable opportunity of employment by the
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State in all the State level posts. As per the figures presented by the ADCs the
employees from the ADCs Areas constitute only 0.67% of the local strength in
the State Secretariat. In the Mizoram Civil Services and Mizoram Police
Services, the ADCs have the strength of 13.61 % and 4.82% respectively .
There should be, as they claimed, separate reservation for the Scheduled
Tribes of the Autonomous District Councils for appointments at the State level
in all categories of posts.
The State level appointments are made on the basis of merit where
all tribes are given equal opportunities. The State Government
should develop and launch a project/scheme for the
training/coaching for the basic knowledge and skill upgradation of
the candidates from the ADC Areas.
(2) The Lai Autonomous District Council brought t.o the notice of the Commission
the fact that although the name of the District Council - Pawi Autonomous
District Council was re-named as Lai Autonomous District Council under the
State Schedule to the Constitution (Amendment) Act, 1988, the name of tribe
'Pawi' into 'Lai' was not changed. Similarly, Mara ADC pointed out that with the
said Amendment of the Sixth Schedule the Lakher ADC was renamed as Mara
ADC but without changing the name of the tribe 'Lakher' into 'Mara'.
The Commission recommends that the Constitutional (Scheduled
Tribe) Order, 1950 of State of Assam now pertaining to the State of
Mizoram be ar:nended by substituting Pawi with lai and Mara with
lasha.
Hmar People's Convention Sinlung Hills Development Councils in their
memorandum submitted to the Commission have demanded that the area
under Sinlung Hills Development Council constituted in 1997 be brought under
the provisions of the Sixth Schedule of the Constitution in pursuance of the
Accord signed by the State government with the HPC. The Commission did not
have had the opportunity to discuss view-points of the State Government in the
matter.
(3) The Autonomous District Councils in Mizoram have proposed amendment to
the Sixth Schedule of the Constitution vide their communication dated 30th
G59
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January, 2003 to the Secretary, Ministry of Home Affairs, Government of India.

The am~ndments sought are listed as follows:-
1) Institutional set up and its functional procedure for the working of the
Autonomous District Councils should be enlarged to the extent similar to
the powers vested in Autonomous Councils in Assam.
2) The Autonomous District Councils in Mizoram may be re-named as
Autonomous Councils - Lai Autonomous Council, Mara Autonomous
Council and Chakma Autonomous Council (In that they want deletion of
'District' from the present name assigned to the Councils).
3) The Autonomous District Councils should have enlarged functions and
grants-in-aid under Article 275 should be released by Government of India
straight to the Councils and that there should be provisions made for direct
fund allocation to the District Councils by the Planning Commission.
The Councils claimed that despite the Planning Commission's directions,
the Gave rnment of Mizoram failed to allocate at least 25% of the State
Plan funds to the Autonomous District Councils and that these can be
rectified only by making direct allocation to the Councils by the Planning
Commission.
4) The District Councils have demanded that the Centrally Sponsored
Schemes should be given to the District Councils for execution rather than
getting them executed by the Line Departments.
The Government of India may consider making necessary amendments to
the Sixth Schedule as per the demands listed at SI. No.1, 2 and 4 above.
The Commission feels that the demand at SI. No.3 in its present form is
perhaps not feasible technically as per the well established National and
State Budgetary and Funds flow system/procedures in the country, in that
all devolution and funds flows to the States and other agencies must be
reflected in the State Budget as passed by the State Assemblies.
Some of the prominent leaders, social workers during the interaction said that except
for the three ADC areas in the south of the State which are under the Sixth Schedule
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of the Constitution rest of the areas in the State is neither under the Fifth Schedule nor
under the 6th Schedule of the Constitution. Although, the tribes of Mizoram are
Scheduled Tribes under the Constitution (Scheduled Tribes) Order 1950, but because
of the fact that the areas under the ADCs are the 'Tribal Areas' and rest are not, there
is a confusion created in the minds of the people they added. Further, some benefits
like income tax exemption which was available when the whole of the Mizoram was
the District of Assam under the Sixth Schedule of the Constitution are not available
now to the tribals of the Mizoram which do not belong to the Tribal Areas under the
Sixth Schedule. They stated further that the people have been demanding the entire
State of the Mizoram to be covered under the Sixth Schedule. They cited the example
of when the District Councils of Meghalaya when it was part of Assam, changed to
Autonomous District Councils covering the whole of Meghalaya under the Sixth
Schedule, after it became State. The Speakers questioned as to why the entire
Mizoram was not placed under the Sixth Schedule when it became the Union Territory
on the pattern of Meghalaya.
e6i
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Nagaland
Way-back in 1866, the Government of India decided to form Naga Hills District
and it was made part of undivided province of Bengal prior to 1874. The Naga
Hills District was made part of Assam in 1912. Various enactments viz. the
Government of India Act 1870, Scheduled District Act 1874, the Government of
India Act 1915, the Government of India Act 1919 and the Government of India
Act 1935 had legal effect on the erstwhile Naga Hills District. A separate State of
Nagaland comprised of Naga Hills - Tuensang Area was formed with effect from
1sl December 1963 under the State of Nagaland Act 1962.
The State is located in the, North-Eastern part of the country. It has the
International land border with Myanmar, bounded by Arunachal Pradesh in the
East, Assam and Arunachal Pradesh in the North, Assam in the West and
Manipur in the South. Kohima is the State capital. There are 8 Districts with 20
Sub-Divisions.
1769561
120 per Sq. Km.
909 F : 1000 M
Total 67.11 %
Male Female
71.77% 61.92%
The vital statistics of Nagaland are as under':-
Total Geographical Area 16,579 Sq.Km.
Population (Census 2001 19,88,636
provisional)
Tribal Population (Provisional)
Density of population (State)
Sex Ratio (State)
Literacy rate (State)
I To be updated on the release of the 200 I census data.
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The Scheduled Tribes
Under the 'Constitution (Nagaland). Scheduled Tribes Order 1970', the following
tribes have been notified as the Scheduled Tribes in the State:-
1 Naga 4. Mikir
2. Kuki 5. Garo
3. Kachari
Neither the Fifth Schedule nor the Sixth Schedule of the Constitution is made
applicable to the State of Nagaland under the Constitution. Article 371 A of the
Constitution provides special safeguards relating to religious and social practices
and customary law of the Nagas; administration of civil and criminal justice
according to the Naga customary law; ownership and transfer of land and its
resources etc. under which no Act of Parliament relating to these subjects shall
apply to the State of Nagaland unless the Legislative Assembly of Nagaland by
resolution so decides.
Each tribe has its own independent and distinct language/dialect, dress,
costumes, manners and custom. The villages in most cases are located on the
hill tops which helped in the past fortification for the protection of the village
against external attacks.
The traditional institution of Morung is in vogue even today which is often
misunderstood as clubhouse. The Commission had the opportunity to visit one
such Morung. It is here that the young people (male) get together and sleep in
their Morung. Traditionally there is a code of conduct enforced in Morung which
serves as an academy to train the young people as soldier - farmers. Today,
however, it imparts some training in self-defence and on farming and allied
avocation.
The Commission recommends that the traditional institution of
Morung should be strengthened and training on agriculture and
allied sector extension services can be imparted to the young people
through the Morung. The institution can also be used as a centre for
health care education. In fact, this institution which is found in
almost all the villages in Nagaland can be funded under Article 275
(1) of the Constitution as it appears to be an important infrastructure
for overall development of the village and its environs.
Economy
Land and agriculture with allied sectors continue to be the basic resource of the
tribal communities in the State. The trend analysis shows that for many years the
economy will continue to be agri-forest based. The secondary sector of economy
comprised of industry, trade and commerce has yet to take-off. The tertiary
sector has not made any headway in this tribal State due to lack of adequate
infrastructural facilities and logistics etc. The relative proportions in terms of _
percentages of contribution of various sectors of economy to the family budget in
the State as per the current assessment done by the State Government are as
under:-
i) Agriculture
ii) Horticulture
iii) Animal Husbandry
iv) Cottage Industry
V) Business and Service Sector
: 35%
: 35%
: 10%
: 5%
: 15%
Agriculture and Allied Sectors
The Tenth Plan objectives are to achieve commercial scale agri-production. In
the Annual Plan for 2002-03, the targets fixed for the production of major crops
rice, wheat, maize and other cereals put together at 391 MT was nearly
achieved. Similarly, in respect of other commercial crops the achievement was
close to the target fixed. For the Annual Plan 2003-04, the outlay fixed is Rs.
43.29 cr. i.e. 7.05% of the total State Plan outlay of Rs. 614.15 cr. As per the
strategy adopted, the State Government will concentrate on cultivation of
vegetables and fruits which have the unique adlJantage over other States in the
neighbourhood. The target fixed in the horticulture sector was almost achieved.
The State Government has now given priority to the animal husbandry and
dairying. The livestock farming done on the scientific lines is going to provide lot
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of employment opportunities in the State particularly when the State is way
behind in the industrial development sector. The budget provision for 2002-03
was only Rs. 5.05 crores whereas for the current year 2003-04 it is at Rs. 5
crores. One important aspect of the agricultural practices is the use of organic
manure which has been the traditional farming practices in the State. 1(1 the
Tenth Plan document emphasis has been given on the use of organic manure in
the agricultural production, which is a welcome step taken.
Jhum cultivation is still practised in parts of the State. The Nagaland Jhumland
Act 1970 regulates the rights to Jhumland in Nagaland. Under the Act
"Jhumland" means such land which any member or members of a village or a
community have a customary right to cultivate by means of shifting cultivation or
to utilise by clearing jungle or for grazing livestock but it does not include:-
(i) any land which has been terraced or may be terraced for the purpose
of permanent or semi-permanent cultivation whether by means of
irrigation or not, or .
This traditional system may have to undergo certain modification in modern times
considering the urgency of maintaining the fragile eco-system of the Naga Hills
and also for higher productivity. Although, this traditional jhum cultivation
provides villagers with an access to land and the right to cultivation and it had for
time-immemorial ensured the availability of food for the local people, yet, today,
they need some more income out of the foodgrains production, horticulture
production and animal husbandry, and additional returns by way of income for
meetingthe other basic needs apart from food.
Agricultural land development on a sustainable basis and the settled
cultivation on long-term basis can become a big source of
employment and income for the people, the Commission observed.
With the rising population the pressure is building on the land
resources which are limited. The Commission recommends that
where the ownership of the land is with the community, a legal
instrument should be devised under the provisions of the Nagaland
land and Revenue Regulation (Amendment) Act, 2002 to enable the
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cultivators to avail of the loan facilities from the financial institutions
where security is required to be furnished by the loanee. Higher
productivity in the agriculture and allied sectors can be achieved
only through the improved extension services and the application of
technology suiting the local conditions which will require higher
investment to be financed by the financial institutions and under the
soft loan assistance programme.
70% of the total population engages in farming and 4% are in the Government
jobs and the rest are engaged in other occupations,
Agricultural extension services are being provided by the Agriculture Department
in the State. The extension services provided by the State agencies in these
sectors include - supply of improved high yielding varieties of seeds for various
grains/cereals; improved varieties of fruit plants material etc; crop pattern and
scientific management of the farm; improved methods for the production of
organic manures, proper use of insecticides, p~sticides and wherever necessary
use of chemical fertilizers etc,' although the stress is on the use of organic
manure etc.
The State has reported that the transfer of technology by various
agencies from lab to the farm have helped upgrade the production of
various crops, fruits and vegetables and that the extension services
delivered have had necessary impact. The Commission observed
that the policy of the State Government to promote animal
husbandry i.e. livestock farming on scientific lines would help the
production of organic manure and the development of dairy on a
larger scale resulting in employment and income generation.
Although there is an Evaluation Wing of the State Government for
monitoring the implementation of various programmes in the various
sectors of economy yet the infrastructural facilities for transfer of
technology from lab to the farm for the increased productivity needs
strengthening, the Commission observed.
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The State has Agriculture Research Station with a couple of Sub-stations. The
State has a seed multiplication farm and there is an ICAR Complex at Jharnapani
and an Agriculture College in Dimapur District and their efforts have been for the
experimentation of high yielding varieties of agricultural crops in the State. The
soil conservation programmes are - land development and terracing of the
farms, forestry, orchard plantation and contour bunding etc.
Forest
The dense forest area at the end of financial year 2002-03 was anticipated at
31% of the State's geographical area. The long-term target is to bring under
effective tree cover 66% of the total geographical area as envisaged in the
National Forest Policy 1988. The 88% of the total land - with or without forest -
is with the community/individuals under overall control of the Village Councils. It
is the Council which allots land for cultivation. The forest area with the Forest
Department is only 12% of the land area .
The Forest Policy of the State Government is to convert jhumlands into
woodlands and to regulate harvesting of forest resources. Under the Nagaland
Jhumland Act, a customary right to jhumland is deemed to be established in
favour of an individual cultivator, if he has inherited the jhumland as per the local
custom. No jhumland can be leased by anyone having a customary right thereto
without the permission of the Deputy Commissioner given on the
recommendation of the Village and Area Council. Under the Act, no JhumlaAd to
which a community has a customary right shall be transferred by sale or
mortgage to any community or to any individual except on the authority of the
Deputy Commissioner given on the recommendation of the Village and Area
Council concerned.
The Commission recommends that the .forest policy of the State
Government to convert jhumland into woodland should be
implemented effectively in keeping up with the local traditions in so
far as it is beneficial to the inhabitants. The areas covered under
jhum cultivation in the past should be brought under the social
forestry, fruit tree plantation and settled cultivation by the farmers
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who may be given a certificate of holder so that they can invest on

the development of their holdings by terracing the land for
agricultural farming and horticultural orchards.
In the State, the tribals have their rights to collect herbs and roots for local
consumption and rarely for trade. There is however no mechanism for regulating
prices of herbs and roots in the State. Tribal communities freely collect forest
produce including minor forest produce for domestic consumption as well as for
trade. The Department of Forest and Environment allows the tribals to freely
forage the forest areas throughout the year.
The Commission observed that there is a need to undertake
documentation of the rights of the individual residents in the forest
land with the Forest Department and also in the community land in
consultation with the Village Councils. The Commission
recommends that the land traditionally under the ownership of the
community and the land under individual ownership as well should
be surveyed and the revenue records should be built up on
permanent basis. The State Government had accorded recognition
by notification to 10 villages inside the Rangapahar reserved forest
which had occupied the area.
Since the State Forest Department has in their ownership only 12% of the
forested area of the State, it does not have any working plan for the extraction of
timber from the forest. Most of the forested areas are with the communities and
also some small parts with the individuals in the State of Nagaland. The State
Government has, under the directions of the Supreme Court of India (1997),
have regulated the extraction of timber, its transportation and sales in the State
as well as in the markets outside the State. Under the regulations working
schemes are required to be prepared by the State Government and put into
operation with the approval of the Central Government. These regulations have
been in operation for the last two years only. There are 21 working schemes in
operation now in the State regulating extraction of timber in the forested area
under the community or individuals. Under the regulations only trees which have
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attained maturity can be felled somewhat on a silvicultural pattern. After the
extraction, the transportation within and outside the State is regulated. Sales
returns by way of income are appropriated by the concerned
communities/individuals. The State Government gets only royalty under the
regulations~Although, the timper extraction and marketing by the communities
and the individuals provide employment and income yet, the forest officials and
the environmentalists feel concerned about the possible ecological degradation
adversely affecting the fragile eco-systemof the Naga Hills.
The Commission observed that the timber extraction under regulated
working schemes should be strictly on the silvicultural pattern. In the
area where the trees have been removed, re-generation scheme
should be put in place for the plantation of timber trees.
Rural Development
For the current year the outlay for the sector under Plan is Rs. 38.52 crores i.e.
6.2% of the total outlay. As against Rs. 46.46 crores provided for the previous
year, the stress laid is on the alleviation of poverty through implementation of
SGSY Programme. The policy of the Government is to involve Village
Development Board in the overall process of rural development.
Infrastructural Development
Roads
The Annual Plan 2003-04 provides for the Transport and Communication Rs.
73.53 crores Le. 11.97% of the total plan outlay. The State of Nagaland has the
road length of 10,130 km. the break-up of which is as under:-
1. National Highways = 474 Km.
2. State Highways = 974 Km.
3. District Roads = 3263 Km.
4. Village Roads = 5419 Km.
Total = 10,130 Km.
2564 SA&ST/04-43A
In terms of connectivity by the road, 1092 villages Le. almost 89% of the villages
have been connected so far. The State Government has given priority to the
following projects:-
1. Improvement of Kukidolong Hiningkongla-Jalukie-Peren road;
2. Upgradation and improvement of roads connecting National Highways
with all District Headquarters measuring 591 Km;
3. Improvement of roads for District Headquarters.
Under the Pradan Mantri Gram Sadak Yojna which envisages connectivity by the
end of 10th Plan period to all unconnected habitations, State Government
received Rs. 87.26 crore upto 2003-04. It is estimated that by the end of 10th
Plan Rs. 250 crore would be required under the programme.
The State has rail link only upto the town of Dimapur at one cornor of the State
border with Assam. The Chief Minister of Nagaland during the interaction with the
Commission said that there is a proposal for building a rail link upto Kohima. 1ne
town of Dimapur has an Airport.
The State Government has proposed for consideration of the Central
Government that the 'Quadrilateral' road programme of the nation should be
extended to cover Dimapur - Kohima - Imphal and Moreh Section. The
development of roads as proposed by the State Government is not only vital for
the economic development of the State, it may promote International trade
through Nagaland as per the thinking in the State Government, the Commission
observed.
Maintenance of Infrastructural Facilities
Although the road network and the coverage is good yet the road infrastructure is
not well maintained. The Chief Minister during the interaction said that the
National Highway itself is not being maintained by the Border Roads/Surface
Transport. It was reported that the work charged staff in PWD and Irrigation is
huge and, therefore, the Voluntary Retirement Schemes have been introduced to
economise on the expenditure by these Departments. There is a need to
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augment investment on maintenance of the roads where periodical soling and
tarring would be required.
Considering the weak tax-base of the State, there is a need to
augment the funds for the maintenance of the infrastructural
facilities which may not be available under the Planned fund, the
Commission observed.
The North-Eastern States being special category States can divert around 20%
of the Plan funds on to the Non-Plan expenditure. But this would not help much
for the maintenance part of the work. There is perhaps a need to augment the
resources of the State by providing Special Central Assistance, the Commission
observed. The State of Nagaland has assessed the additional funds to meet the
requirement for the implementation of Common Minimum Programme which is to
the tune of Rs. 150 crores as per annual plan which the State expects as one
time central assistance funding beginning with the current year Annual Plan,
covering various sectors but major expenses out of this would be on roads -
express-ways and upgradation of the existing road network transportation etc.
The working of the present tele-communication infrastructure in the
State was also discussed in the meeting the Commission had with
the officers. It was reported that the system is not working
effectively. The Commission observed after talking to the
development agencies and also with cross-section of people that
nothing substantial has been done so far in the field of tele-
communication.
The Commission recommends that the tele-communication system
should be strengthened and these facilities should be expanded and
upgraded which appears to be vital for the overall economic
development of the State.
Power Development
The total generation of electric power at the end of the financial year 2002-03
was 29 MW. During the year a 24 MW Likimro hydel project was commissioned.
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Out of the total number of 1,212 villages in the State, 1,107 villages have been
electrified which works out to 90% coverage as per the plan document for the
year 2003-04. However, the State will have tremendous power shortage if
industrial development in the State is given impetus. A project report for 120 MW
Dikhu multi-purpose power project has been prepared which the State may have
to take up as State project, as the NEC has indicated that they would not be able
to take up this project. This project apart from meeting the power requirements of
the State will also generate revenue for the State.
The Commission observed that there is a tremendous scope for
hydro-power development in the State. The NEC and the Planning
Commission may consider financing the hydro-power projects as
proposed by the State so that in the long run it becomes a major
source of revenue for the State which has, at present, a weak tax-
base.
Industry
So far not much headway has been made in setting up major and medium size
projects. The outlay for the sector is kept at 6.8% of the total outlay which
includes allocation for the mining also during the current year. Sericulture is
being given importance. Geology and Mining is also receiving attention.
Nagaland State Mineral Development Corporation has taken some industrial
projects including mini cement plant. It appears that the private sector projects
have not come up in the State except those in village and small industrial sector.
Tourism is coming up as prospective future in the State.
The policy of the State although not amplified in the Government documents is
perhaps not to encourage large industries mainly on account of dismal
performance of some of the medium sector industries set up in the public sector.
The Private Sector investment is not forthcoming. Now that peace is restored in
the State as a result of the peace process initiated the Private Sector investment
and tourism may get some boost. The secondary sector has a lot to contribute
towards employment and income generation particularly in the small scale
industries sector. There is a good, though not efficient, road and communication
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infrastructure to promote industry, trade and commerc~ in the State yet it did not
have multiplying effect on the economy which was expected to result in
employment and income generation perhaps mainly because of lack of
investment in the Private Sector. The Agriculture and Allied Sector cannot absorb
additional man-power.
There is already excessive pressure on land. Young educated people
may have to move away from the agri sector to secondary and
tertiary sectors under the self-employment schemes and in larger
projects in the private sector. This will help generate State revenue
and enlarge tax-base to augment the financial resources for planned
development purposes, the Commission observed.
Tourism
In the absence of faster surface transport facilities such as express ways, rail and
air links tourism activities are restricted. The tourists flow into the State is not
much as the whole State is covered under inner line permit regulations. The
State Government still considers tourism as an important source of revenue and
employment. The policy of the State Government is to develop tourism in private
sector but in the absence of adequate infrastruGtural facilities the private sector
entrepreneurs are not attracted to undertake tourism activities in the State,
although there is a tremendous scope now as peace has been restored in the
State.
Communitisation of Public Institutions and Services
The concept of communitisation under the Act of 2002 is intended to tap the age-
old tradition and practice of community participation of the Naga Society in the
economic development, community welfare programmes. The State Government
feels that the communitisation project has worked well and has shown good
results.
Under the Nagaland Communitisation of Public Institutions and Services Act,
2002, the State Government has delegated the powers and functions of the State
Government to the local authorities at the village levels by way of
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communitisation of certain public utilities, public services and activities of the
State Government. These are connected with the education, water supply, roads,
forests, power, sanitation, health and other welfare and development schemes
including the community based schemes so as to enlist the participation of the
community in the planning, programming, implementation and management of
these schemes and services. The Act provides for constituting authorities that
may be called Board of Committee in their nomenclature for declaring in all the
existing authorities in force for a village/villages to exercise the powers and
discharge the functions delegated in respect of the services, activities, projects
and schemes listed as above. These authorities so established would have funds
established which may have its source from the grants and financial allocations
made by the State Government in connection with discharge of the functions
delegated.
The Commission observed that the scheme of the communitisation
of public institutions and services is in line with the age-old tradition
of Nagaland and it needs further strengthening with larger
investment. Government of India may consider providing One Time
Central Assistance and also the Special Central Assistance annually
to make it successful.
Village Development Boards
The State Government has the Village Development Boards set-up for the
implementation of the programme launched for communitisation of public
institutions in its efforts to decentralize the planning and development which
would enlist participation of people at the Village Council level.
The Village Development Board has been set up in pursuance of the provisions
of the Nagaland Communitisation of Public Institution and Services Act, 2002.
The communitisation is an age old tradition but in the modern planned
development process there is delegation of powers and functions truly designed
for the empowerment of the people who are themselves beneficiaries at the
village level as a community at the grass-root. This approach is in keeping with
the Naga village Council system.
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Human Resource Development
Educational infrastructure at the school is generally good but there are no
Medical or Engineering Colleges in Nagaland. There is a proposal for setting up
a Medical College in collaboration with CMC - Vellore. There is also a proposal
for setting up an Engineering College and also a Management Institute in the
State.
The State Government of Nagaland has initiated the process of implementing the
Common Minimum Progress (CMP) in the HRD sector also based on the
mandate of the people received by the Democratic Alliance of Nagaland which
formed the present State Government. The implementation of CMP requires
additional investment of a substantial amount. The resource position of the Statp.
continues to be weak and the State Government is in need of Special Assistance
from the Planning Commission.
Mediumof Instruction
Three language formula is being followed upto the elementary stage. Efforts
have been made to produce and make available text books in local languages.
Intensive community mobilization are in progress through communitization of
Sarva Shiksha Abhiyan. The State has passed a legislation on communitization
of elementary education which aims at community ownership of the school
facilities for achieving universal elementary education. Total literacy campaign
has been launched from the year 2003 throughout the State. In order to improve
sports activities, the State has introduced 'Catch Them Young' programme for all
the Government middle schools too.
Health Services
The State Government is of the view that the plans and programmes at the
National level are designed mainly for the plain areas of the country which might
not hold good for the tribal habitats of the hill areas.
The Commission agrees with the State Government that any policy
decision on the subject should consider tribal customs, culture of
the tribal community and wide range of factors like education,
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income, food, security and environmental conditions etc. There
should be some special packages for the hill tribes of the country.
On the problem of deployment of personnel in the health sector, the State
Government has found a solution and it has already initiated communitization of
the health centres. Nutritional status is not bad compared to National standards.
The State has incorporated in the school syllabus the HIV/AIDS education.
The Commission further observed that drug abuse is a major problem faced by
some parts of the region affecting tribals also. The drug de-addiction centers
need be strengthened. The Commission was told that the drug-abuse is caused
by the lack of adequate employment opportunities and it has led to the
prevalence of HIV/AIDS problems.
The State Governments with the assistance of the Central
Government and the society as a whole need to build awareness and
jointly take measures particularly to tackle the drug-trafficking in the
region being used as a corridor, the Commission observed.
Problem of Unemployment
The State of Nagaland right from the time it was Naga Hills District and
particularly during the period after Independence a major achievement was made
in the Human Resource Development as is apparent from the present literacy
percentage. The agricultural holdings and cultivation thereon are not in a position
to absorb these educated young people who have to some extent become misfit
for the agricultural cultivation. The Government is the only employer as the
industry, trade and commerce have not yet come-up in substantial way to provide
employment opportunities to these educated unemployed, the number of which is
increasing very fast year after year. For want of employment opportunities some
of these educated unemployed have joined the militant organizations as was
reported during the interaction with the cross-section of people. As stated earlier
in this report that drug abuse is the major problem faced by the State and the
Commission was told that the drug abuse is caused by the lack of adequate
employment opportunities and it has led to the prevalence of HIV/AJDS problem.
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The State Government under its Common Minimum Programme (CMP) has
given priority to find a solution or a sustainable basis to the problem of
unemployment. Apart from the normal State Plan, Development Plan funds for
the overall economic development of the State, there is a need to assist the State
of Nagaland by additional special funds from the Central Government/Planning
Commission to generate gainful employment in the State. The State Government
has also requested the Planning Commission to provide funds for supplementing
the backward area development for the development of Tuensang and Mon
Districts and other identified backward areas.
There is another important programme for tackling the problem of unemployment
by implementing special programmes for the educated unemployed, special
funds for the backward areas development for Mon and Tuensang Districts and
also for the Communitisation of the Public Institutions for capacity building under
the one time central assistance programme.
The important thing is that some urgent measures may have to be
taken by the Statewith the assistance of the Central Government for
creating employment opportunities and helping these uneducated
people to earn their living. The problem, to some extent, can be
solved by strengthening the agricultural and allied sector such as
commercial crop production, animal husbandry, poultry and piggery
eco-friendly industry, college and handloom sector and hydro-power
projects etc., the Commission observed.
Another way out to deal with growing unemployment and the
resultant problems in the State is perhaps the eco-friendly industrial
development particularly Village and Small Industries, Forest and
agro-based Industries, medicinal and essential oils manufacturing
industries. Handloom and handicraft development etc. which have
tremendous scope for raising the employment opportunities.
Tuensang District is declared as non-industrial District, the
Commission observed.
en
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The State economy nas, in all these years, been land and forest based. Nowthe
emphasis is given on the development of horticulture, poultry, piggery,
sericulture, village and cottage industl'Y., forestry, agro based industries,
traditional handloom and handicraft. With increased investment in these fields
mder the plan and Special Central Assistance programme, particularly the one
:ime central assistance programme demanded by the State would really solve
the problem of unemoloyment and the resultant problems too.
The Commission recommends special funds flow under one time
Central Assistance programme to State of Nagaland.
Child Labour
The State Government reported that as per primary survey conducted, there
were about 3000 child labourers identified in the State who were compelled to
work for their livelihood. There are no separate figures exclusively for the tribal
child labourers. The State will have a new survey conducted to identify the
existence of actual child labour in the State of Nagaland.
The State Government has framed the Nagaland Child Labour (P&R) Rules
under the provisions of the Child Labour Act, 1986 which is still under the
examination of the Law Department. The Government has set up a separate
Child Labour Cell to deal with the matters relating to the child labour in Nagaland.
With regard to free education to all children between 6 to 14 years, the matter is
still under consirlp.ration of the State Government. The State has also funded
some NGOs for takinq up projects for the Child Labour Awareness Programmes,
Vocational Trainings and Non-formal Education etc.
Bonded Labour
The State Government has enforced the Central Act i.e. the Bonded Labour
SystemAbolition Act, 1976. The State has reported that there has been no case
of bonded labour in the State.
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Land
The 88% of the total land with or without forest is with the communities and with
the individuals in a few cases under the overall control of the Village Councils.
The Department of Forest has 12%of the land areas.
Land with the communities is in collective ownership of the communities. The
village as a whole owns major part of the land in the jurisdiction of village. The
land of a particular village is retainedwithin that village. Customary law as well as
State laws regulate the land transfer under which land cannot be sold to an
outsider. During the course of interactionwith the State officers and cross-section
of people, it was reported that the individual ownership of land has also come up
in the State.
With respect to the State of Nagaland, the Article 371 A of the Constitution
provides that no Act of Parliament in respect of the ownership and transfer of
land and its resources shall apply to the State of Nagaland unless the Legislative
Assembly of Nagaland by resolutionso decides.
Transfer of land
The Assam Land and Revenue Regulation, 1886 is applicable to the State of
Nagaland. Thrs was amended by the Nagaland Adoption (Second) of Laws
Order, 1965 and it was 'urther amended by the Nagaland Land and Revenue
(Amendment) Act of 1978 and of 2002. The State has reported that land reform
measures have been taken by the State to protect the interests of the tribal
people of the State. The statutory and customary laws strictly regulate the
transfer of land. The State in its replies have not mentioned any case of land
alienation. Under the provisions of the Nagaland Land and Revenue Regulation
(Amendment) Act, 1978, no person other than the indigenous inhabitants of
Nagaland shall acquire or possess by transfer, exchange, lease agreement or
settlement of any land in any area or areas constituted into belts or blocks in
contravention of the provisions of the land regulation. The amended Act of 2002
allows any transfer by way of mortgage in favour of any nationalized banks,
cooperative society registered under the Assam Cooperative Societies Act 1949
or such other financial institutions with the approval of the State Government.
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The nationalized banks, cooperative banks and other financial institutions cannot
transfer the land mortgaged with them to a person other than the indigenous
inhabitants of Nagaland except with the previous sanction of the State
Government.
The Nagaland (Ownership and Transfer of Land and its Resources) Act" 1990,
regulates prospecting or mining operations under licence or lease. It also
provides for conservation and development of minerals in the States.
The Commission observed that these regulations are essential for
maintaining the fragile eco-system of the Naga Hills. It is hoped that
these regulations are strictly enforced in the larger interest of the
protection of ecology and development of the economy of the State.
Village Council
Since time immemorial, the Naga villages were self-ruled, self-sufficient, small
independent republics, having no common or superior authority above the
independent villages either to control over them or to adjudicate them in case of
inter-village conflicts. Every Naga village had a village councilor authority
constituted according to the usage and customs of the tribe. During the British
rule, the Naga areas were treated as 'backward tracts' and 'excluded areas'.
However it appears that Nagaland has been experimenting to evolve a system by
recognizing and empowering the traditional Naga villages constituted according
to their customary practices and usages.
Under the tJrovisions of the Nagaland Village and Area Councils Act, 1978,
Village Council shall consists of Members chosen by the Villagers in accordance
with prevailing customary practices and usages. The hereditary Village Chiefs
GBs and Angs shall be the Ex-Officio Members with voting rights of the Village
Council. Every Village Council shall continue for five years from the date of
appointment unless otherwise dissolved by the State Government. The Village
Council will have a Member chosen as Chairman of the Council. The Council
also appoints a Secretary who mayor may not be a Member of the Council.
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There is a procedure laid-down for the conduct of the business in a Village
Council and a written record of the qist of its proceedings is maintained.
The Village Council has been assigned duties such as to help Government
agencies in carrying out development works in the Village. It can also undertake
development work on its own initiative. The Council can raise funds for the utility
services within the village with the approval of the State Government. It can apply
for and receive grant-in-aid, donations, subsidies from the Government or any
agencies. It can borrow money from the Government, commercial and
cooperative banks or from financial institutions for the development and welfare
work of the village. The Council is requiredto provide security for the repayments
of loan received by any permanent resident of the village. The Council can also
lend money from its funds to the deserving permanent resident of the village.
The traditional Village Council System of the Naga people has been
strengthened under the modern enactments of laws and regulations to
strengthen the traditional local self-government. Under the Nagaland Village and
Area Councils Act 1978 particularly for regulating their duties, functions and
matters connected therewith, the Village Councils have been given powers and
duties to formulate the Village Development Schemes, supervision and
maintenance of various public schemes and development activities, human
resource development, sanitation and health etc. in the Council Area. It also
provides for constitution .of Village Council Board as an agency for
implementation of various programmes and schemes. The Act also empowers
Village Council to administer justice within the village level in accordance with
customary law/usage. In any case of serious nature the Council can arrest the
offender who should be handed over to the nearest Administrative Officer or
Police Station. The Village Council has also been assigned the task of
maintaining law and order. No transfer of immovable property can be effected
without the consent of the Village Council. A written record of this is required to
be maintained by the Village Council.
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Under the Act, there is a provision for the Constitution of Area Council for each
area to be notified by the State Government in the Gazette. The Area Council
shall consist of Members elected by the Village Councils as per the modalities
and norms fixed under the Act. These Village Councils as well as Area Councils
are elected for five years.
The Commission visited the Phesima Village Council. It was reported that the
Village has been divided into various wards where from the Members are
nominated. These nominated Members of wards in the Village elect Executive
Members of the Council from amongst the Members. However, for the Area
Council Members are elected by the Village Councils as per the modalities and
norms laid-down under the Act. There are two persons nominated as Members
by the State Government, one of whom shall be a woman ordinarily resident of
the Area. The Chairperson of the Area Council is elected from among the
Members of the Area Council. The local Administrative Officer is an Ex-Officio
Executive Officer and Secretary to the Area Council. The Area Council has been
given powers and duties to examine the development schemes formulated by
various Councils within its jurisdiction and it will also settle the disputes referred
to it. The funds of the Area Council shall consist of grants and subsidies. It
appears that Area Councils are like Panchayat Samities at the Development
Block level under the Panchayati Raj systemelsewhere in the country.
There is State level Advisory Board set up under the Act which is headed by
Minister incharge of the Council Affairs and there are ex-officio Members from
the administration and there are some nominated Members with voting power.
The Advisory Board has been assigned powers and duties to reviewfrom time to
time working of the various Village and Area Councils and also advise the
Government about the allotment of funds to various Village Councils as grants-in-
aid etc.
It appears in fact that there is a tripartite democratic set up in the
State of Nagaland. However, there are no evaluation studies done to
see whether these Acts and Rules framed from time to time for
building this tripartite democratic system have weakened the
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traditional self-governing Village Council or it has in turn
strengthened the Village Council, the Commission observed.
Phesima Council which the Commi.sion visited functions as an
Assembly of self-governing village. The Commission recommends
that the Village Councils need to be empowered further to strengthen
this institution of self-governance which is transparent, cohesive and
effective. Major developmental transformation can be brought about
with the assistance of modern science and technology and the
extension services by way of technical assistance and with the flow
of funds from various sources - viz. plan allocation, special central
assistance, centrally sponsored schemes funding, grants under the
Article 275 (1) of the Constitution and from World Bank/UN funding
agencies etc. which can ensure a sustainable employment and
income generation. If this is not done the traditional self-governance
of these villages is likely to get weakened, the Commission
observed.
The Commission observed that the economic gains of the
,
development process after the formation of the State of Nagaland
has been quite impressive in comparison to some other North-
Eastern States particularly in the field of education and the rural
development etc. At the time of the formation of the State in 1963,
the total length of road in the State was of 837 km., whereas at the
end of financial year 2002-03, the total length of road was 10130 km.
connecting over 1,092 villages which would works out to 89%
coverage. There are no figures available about the water supply at
the time of the Statehood but at the end of 2002-03 over 82% of the
villages have been covered under the water supply scheme. 90% of
the villages in the State have already been electrified. There are 1,342
primary schools which is more than the number of villages. The
enrolment in the primary schools is over 100% at the end of year
2002-03. There are today 463 Sub-Centres/Dispensaries for just 1,225
villages and a few towns.
These achievements have been significant in the State of Nagaland.
Despite all these achievements under the planned development
programmes in all these years there is a need felt for a lot to be done
for the economic empowerment of the villages.
(384
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ORISSA
The total population of Orissa stood at 3.67 crores as per the provisional results of
the census of India 2001. The state holds 11th position among the states and union
territories in terms of population. The population rose by 15.94 per cent between 1991-.
2001. The sex ratio was recorded as 972. The total literacy in the state showed
improvement from 49.09 per cent in 1991 to 63.61 per cent in 2001.
2. Orissa has quite a large scheduled tribe population of 70.3 lakhs, being the third
ranking state in this regard in India after Madhya Pradesh with 96.82 lakhs and
Maharashtra with 73.21akhs. These figures are based on 1991 census as ST figures of2001
census have still not been published, though figures relating to the general population are
available. There are 62 communities in Orissa recognized as Scheduled Tribes under
Article 342 ofthe Constitution. Of them, 16 may be considered as major, the population of
each exceeding one lakh: Bathudi, Bhottada, Bhuyan, Bhumia, Bhuinij, Binjhal, Gond,
Kharia, Khond, Kisan, Kolha, Munda, Oram, Paroja, Santal, Saora. The ST population is
concentrated in 12 out of total of 30 districts in Orissa namely Malkangiri, Koraput,
Nawarangpur, Rayagada, Kalahandi, Gajapati and Kondhamal in the southern part,
Mayurbhanj, Keonjhar, Sundergarh and Sambalpur districts in the northern part and
Balasore district in the central zone. These areas have been declared as Scheduled Areas
under the Fifth Schedule of the Constitution by the President in the Scheduled Areas
(Orissa) Order 1977 dated 31.12.77. Incidentally, Scheduled Areas are now co-terminus
with the Tribal sub-Plan (ITDA areas) area in Orissa, except Suruda tehsil (excluding
Gochha and Gazalbadi Gram Panchayats) in Ganjam district. Some relevant statistics are
herewith:
2001
Population (in lakhs)
Sex ratio females/ 1000 males
Literacy rate total
Female
Male ~..
2564 SA&ST/04-44A
685
Total
367.1
971
63.61(2001)
50.97
75.95
STs
81.4 (22.19 %)
1002
22.31(1991)
10.21
Work participation rate
Families below poverty-line
; I<Jlral 1999 - 2000 )
i h sub-centres (1998 - 99)
Priinary Health Centres (1998 - 99 )
l ( .D S. Projects (1999 - 2000 )
37.53
49.72
48.13
5927
1508
281
49.36
71.26
73.93
2454
118
118
{CollcCi\',: from folder of the Planning Commission (Backward Classes and Tribal
Devciujn1H-'nt Division) Government of India, New Delhi - July 2000 & Scheduled Castes
and Schc,lded Tribes Research & Training Institute, Bhubaneshwar under Scheduled
Castes oS hedulcd Tribes Development Department, Government of Orissa - March 2001
& Trih: ~'i:l, Pian from Annual Plan 2002 - 2003, SC & ST Development Department,
GO\l
>d. ;
3. i\" per information available, the land under forests in 1991 was 54.76 lakh
hectares. while the land available for crop cultivation was 66.37 lakh hectares and land put
to non-agricultural use amounted to 7.46 lakh hectares. The principal crops have been rice,
mail!. pulses, oil seeds, sugarcane. In the tribal areas where rainfall is erratic and soils
gellcl,J11y poor. to an extent coarse millets take the place of paddy. Over 44 per cent of the
ma111\'..Hi'.I.TS have been engaged in cultivation, nearly 29 per cent as agricultural labour
and lWdrlV 2 per cent in livestock, forestry etc. These overall state figures do not reflect the
situation 111tribal areas where next to agriculture, forestry is the predominant occupation.
4. In the Fifth Plan period, 21 integrated tribal development projects (ITDPs) were
established. Subsequently, they were converted into integrated tribal development agencies
(ITDAs). These ITDAs covered 118 community development blocks out of 314
community development blocks of the State Government. The total number of villages
covered in the Tribal sub-Plan (TSP) areas is roughly twenty thousand out of nearly fifty-
one thousand villages. The area covered by TSP is 68,702 sq. kms. out of the total area of
1,55,707 sq. kms of the State i.e. about 44.1 per cent.
686
2564 SA&ST/04-44B
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5. During the Sixth Plan period, 46 pockets of modified area development approach
(MADA) were set-up, each pocket having not more than a total of ten thousand population
of which a majority were to be STs. During the Seventh Plan period, 14 cluster pockets
having a total population of less than five thousand each, a majority belonging to STs, were
identified. The three approaches still left dispersed ST population of 16.5 lakh outside to
be covered in the normal programmes. Thus, the ST population coverage in the State is as
here under:
ITDAs 47.49 lakhs 67.54 %
MADA pockets
5.67lakhs 8.06%
Cluster pockets
0.53 lakhs 0.75 %
Dispersed STs
l6.50lakhs 23.47 %
6. There are 62 scheduled tribe communities in the State, mostly confined to localized
areas. Of these, some are extremely backward and much more isolated. On the basis of
criteria prescribed by the Government of India, 13 ST groups have been identified as
"primitive tribal groups" comprising a population of about 70,000. Special micro-projects
numbering 17, run by organizations registered under the Societies Registration Act 1860
with cent percent financial assistance from the Government of India, are located in the
State. Though we do not have in our possession detailed performance report or reports, the
impression we gathered was that the micro-projects have hardly made any impact on the
life and economy of the member~ vf any of the 13 groups.
7. The Commission had the opportunity of gaining insights of tribal areas and tribal
people during their extensive tour of Orissa between 22 April and 2 May, 2003. They
toured the districts :.>f Rayagada, Nawarangpur, Koraput, Sundergarh, Jharsuguda,
Sambalpur, Mayurbhanj, Keonjhar and Kandhamal districts. We went into the far interior
areas to see the conditions of the people living in these areas. During the course of our
visit, the Commission met a large number of people in villages and hamlets. through whom
we tried to ascertain the state of administrative, educational, health and numerous other
institutions. We held open meetings with sitting and former MPs, MLAs, Sarpanches,
ward members, public men and women, representatives of various organizations like
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\IGOs, cultural bodies etc. along with the Collector and other officials. Members of the

media were also invited and they participated in these meetings. We feel that we could
obtain a fair view of the state of affairs at the grass-root as well as at the higher levels.
8. Before proceeding on tour, on 22 April 2003 we had the benefit of discussions at
Bhubaneswar with the Chief Secretary, Shri P.K. Mohanty and his team of Secretaries and
other officers. We were glad we had a wrap-up round of discussions with them at the end
of the tour.
9. Further, towards the end of our more than a week-long field visits, on 29 April 2003
we had the opportunity of holding discussions with the Governor of the State, Shri M.M.
Rajendran, the Chief Minister, Shri Naveen Pattnaik and his Ministers in charge of Tribal
Development. Shri Kalindi Behra and Shri Balabhadra Majhi and the Minister for Revenue,
Shn Bishwabhushan Harichandan. The discussions with the Governor, Chief Minister,
Ministers in charge of Tribal Development, Minister for Revenue, the Chief Secretary .and
other officers at the State level enabled us to not only clear our ideas and put matters in
perspective, but also to place our points of view before them for consideration and such
action as they considered necessary. On 6 May 2003 we sent to the Chief Minister and the
Chief Secretary, a summary record of our discussions with the Chief Minister so that action
could be initiated on vital matters without waiting for the publication of this report. A copy
uf that record is appended herewith.
Tribal sub-Plan
lO. We have treated the subject of Tribal Sub-Plan at length in another chapter of this
Report. But, to briefly recapitulate its essentials, the authorities of a State need to identify
development blocks in the State having more than 50 percent of ST population and
constitute such contiguous blocks into an integrated tribal development pocket (ITDF') or
integrated tribal development agency (ITDA); earmark from the State Plan budget a
percentage of funds proportionate to, if not in excess of, the percentage of the ST
population in the State; pool all financial resources available in the State from State Plan,
special Central assistance, Central and Centrally sponsored schemes and institutional
688
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finance, and allocate the pooled resources to the different ITDPslITDAs in the State on a
rational basis; prepare a project report for the ITDPIITDA basing it on availability of
natural resources like land, water, forest, minerals, ores etc. and relating their utilization to
the skills and aptitudes of the people, particularly STs, in the ITDPIITDA area to enable a
projectised approach;~finally to instal in the ITDPIITDA area a techno-administrative
structure capable of acting as a purposeful delivery system.
11. At the beginning of the Fifth Plan period 1974-79, the TSP strategy comprising a
Tribal sub-Plan for the State and the requisite number of ITDPslITDAs in the districts
along with corresponding perspective project reports, was put into effect in Orissa. A
Tribal Sub-Plan was formulated which, incidentally, was the first in the country and it was
jiscussed thread-bare in the Government of India. As per the 1990-91 census, the ST
population in the State was 70.3 lakhs constituting 22.21 percent of the State's total
population of about 3 crores. The number of scheduled tribe communities notified in Orissa
..--
is 62, including 13 groups identified as "primitive tribal groups". The 21 ITDAs in the
State cover a population of nearly 48 lakhs (54.4 per cent) of the total ST population.
MADA pockets numbering 46 and cluster pockets numbering 14 cover 6.20 lakh STs. The
remaining ST population of 16.6 lakhs live dispersed outside ITDA, MADA and cluster
areas. Next to MP . and Maharashtra, Orissa has the largest ST population living in hilly,
forested and more or less inaccessible areas of the State.
12. The Tribal sub-Plan (TSP) objectives were, in the main, to protect the ST
population from exploitation through legal enactments and their application and, secondly,
to effect social and economic advancement through relevant positive development
measures. Thus, the TSP concept is wide and comprehensive, and covers both the
protective and promotional aspects. So far as the first objective is concerned, action has
been necessary in the fields of land, money-lending, trade etc. Relative to the second,
through measures adumbrated in States' Tribal sub-Plans and ITDP/ITDA project reports,
efforts have to be made to increase STs' income, food security, sheltci, education, health
etc. levels.
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Land
13. The Orissa Scheduled Areas Transfer of Immovable Property (by Scheduled Tribes)
Regulation, 1956 provided that no transfer of tribal land to non-tribals can take place in the
Scheduled Areas without prior written permission of the competent authority. Violation of
this provision led not only to restoration of the land to the tribal owner/successor, but also
punishment to the offender. Less than thirty years adverse possession did not create any
right, title and interest against tribal land-owners . It has been admitted by the State
Government that the provision of this Regulation could not check tribal land alienation to
the desired extent, as fraud and inducement have continued to play their role. The
Regulation was amended through Regulation I of 2002 to make it stringent. We are glad to
learn that the amended Regulation I of 2002 forbids any transfer to non-SoTs land
belonging to S.Ts in Scheduled Areas. The other salient features of the amended law are
that an ST land-owner cannot transfer his land even to another ST if he is left with less than
2 acres of irrigated or 5 acres of unirrigated land after the proposed transfer; that no tribal
land can be sold to non-STs even in execution of decrees of the court; that all transfers
between 4-10-1956 and 4-9-2002 shall be verified to ascertain their genuineness and to
enable this the transferees will have to give a declaration to the Sub-Collector concerned
within a period of two years i.e. by 3-9-2004 indicating the means of such transfers;
persons in possession of tribal land in contravention of this provision are liable to rigorous
imprisonment up to two years and fine up to Rs. 5000/-. Further, the Orissa Grama
Panchayat (Amendment) Act, 1997 empowers the Gram Panchayat, subject to the control
and supervision of the Gram Sabha, to prevent alienation of land and restore any
unlawfully alienated land to the ST land-owner. These are welcome provisions and should
be implemented sincerely. Careful monitoring will be required to assess their
effectiveness. Nevertheless, in the paragraphs following, we record a few observations as a
result of our tour.
690
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14. Land is the basic resource of tribals and it is this resource that has been and is being
drained away from his possession over decades mostly through means foul and fair. In our
view, it is highly essential that administration should clamp down rigorous measures to not
only stop the drainage but also to restore land which has been illegally or illegitimately
transferred from the tribal hands. For instance, in the district of Koraput, we came across
two outstanding instances wherein fraudulent means had been adopted to dispossess tribals
of their land. In the village of Kindriguda, one Gangadhar Dass, a lawyer of Koraput was
successful in having his title inserted in the record of rights (ROR) during settlement
operations in the late fifties and early sixties in respect of 84 acres which belonged to ST
land-owners and have actually been in the possession of ST villagers. It seems that the
matter is now pending in a civil court. Similarly, one Manmohandas of village Kotgad
purchased 1400 acres of tribal land and succeeded in recording his title in the ROR. If we
have mentioned these two cases, it is only for the sake of illustration. We brought to the
notice of the State authorities that such instances point to the need for instituting in the
undivided district of Koraput survey and settlement operations once again i.e. after a lapse
of more than four decades, to set matters right and enable the ST land holders to secure
both de jure title and de facto possession.
15. During our tour in different tribal district of Orissa, particularly in Rayagada,
Koraput and Sundergarh districts, we noticed barren hill-side patches which, presumably,
had been put under shifting cultivation, locally called "Podu" or Dongar Chash" during the
Kharifseason. We do not have figures of the extent of the area under Podu in the State nor
the number of families involved fully and partly in shifting cultivation. We would like to
have an idea. A view has been expressed that since shifting cultivation is ecologically
harmful, the concerned cultivators should be weaned away from it and should be settled in
sedentary agriculture. This begs the qaestion. If flat land had been available for settled
cultivation and since productivity in flat lands is higher than in s\'iJden, the chances are
that the concerned peasants would not have undertaken Podu. The basic problem is that
there is no alternative in such areas. As a result, the life-style Of lhe Dongar Chashis
revolves around Podu. It would appear, therefore, that shifting cultiVation is, more or less,
691
indispensable in the given environment. Attention needs to be paid towards ameliorating
its harmful effects and raising productivity levels of shifting cultivation through various
inputs. Raising of commercial crops in swiddens is sometimes recommended. We refrain
from giving any such suggestion, as the farmer is in a good position to decide, particularly
since food is naturally the first priority.
Money-lending
16. To prevent the exploitative tendencies of mooney-lenders as well as to counteract
them, the State Government enacted the Orissa (Scheduled Areas) Money Lenders'
Regulation, 1967. The Orissa Grama Panchayat (Amendment) Act, 1997 empowers the
Gram Panchayat, subject to the control and supervision of the Grama Sabhas to exercise
control over money-lending to the Scheduled Tribes in Scheduled Areas. As such, the
original Regulation has been amended and through the amendments, Panchayats within the
Scheduled Areas have been empowered to regulate loans to the members of Scheduled
Tribes, so much so that the prior recommendation of the Gram Panchayat has been made
mandatory for advancing loans to members of the Scheduled Tribes. Where the loan is
advanced in the absence of such recommendation, the debtor is not liable to repay the .loan
amount or any interest thereon. Further, it is mandatory for the money-lender to submit
annual statements of account to the concerned Gram Panchayat about the status of the loan
advanced, payments made by the debtor, balance outstanding against him etc. On receipt
of complaint of the debtor, the Gram Panchayat has the authority to take appropriate action.
The legal provisions are undoubtedly sound. But it will have to be seen how they are
translated in to practice. Careful monitoring will reveal the way the amendments carried
out about two years have been implemented. We do hope that the effect would be salutary.
Forest
17. A vital question relates to so-called 'encroachers' on forest land. In 1972, the
Government of Orissa resolved, as a matter of policy, to settle forest habitation and lands
occupied by forest dwellers with them and prescribed a detailed procedure therefor.
692
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However, the process got bogged down in administrative delays and when the Forest

(Conservation) Act, 1980 was enacted, it came to a grinding halt. In 1991, the Government
of India in the Ministry of Forest 'and Environment issued a set of guide-lines for
regularization of occupancy prior t9 1980. The State Government launched a drive to
identify the pre-1980 occupants of forest land and sent proposals to the Govt. of India for
regularization of 3,754 cases involving 3,320 heotares in 17 districts of the State. The
matter has been pending in the Ministry. The State Government's assessment is that the
number of 'ineligible encroachers' occupying forest lands su~equent to 1980 in tribal
districts would be very high and, further, the removal of such a large number of families
from their present habitat and location of alternative land and vocation for their
rehabilitation as well, will be onerous, leading to large-scale human misery. We agree to
this view. We feel that the entire situation has not been judged in the proper perspective.
Most of the so-called encroachers have been living in the lands occupied by them for
generations and evidence of that may not, more often than 11ot,be forthcoming because no
documents had been issued to them and, in any case, the tribals have a tradition of oral
culture only. Hence, even enquiries by the Committee appointed at the behest of the
Supreme Court, may not be able to unravel facts as they exist. The Commission feel, as a
consequence, that while maintenance of forest as a certain percentage of total land area of
the country is vital, there cannot be two opinions that it should take into account human
cost.
18. The Forest (COnservation) -AGt,..J 980 )~as placed a blanket ban on transfer of forest
land for non-forest purposes. This has, indeed, extended protection against indiscriminate
tree-felling and consequent depletion of forest cover. To that extent, the Act has been
salutary. But, the flip side is that it has placed a lid over availability of land for critical
needs like a health sub-centre, a primary school, a drinking-water well and numerous such
other items constituting life-support system. In fact, during our visit to both rural and
urban areas in Orissa, we came across demands for release of forest land on which health
and educational institutions could be located and drinking-water wells, electric poles and
transmission lines could be provided. It was suggested that the powers to release small
pieces of land for such vital and well-defined purposes should be conferred on appropriate
tiers by the Panchayats. The Provisions of the Panchayats (Extension to the Scheduled
693
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Areas) Act 1996, as per which acquisition of land is possible only after consulting the
Gram Sabha and the Panchayats at the appropriate level, also comes into play. We can
only observe that the matter deserves consideration and examination.
19. Weare glad to peruse the State Government's note and the observation that the
tribal communities traditionally value and conserve forest and have developed their own
methods of preservation of forest wealth and that extraction of MFPs for their own use and
sale has been integral part of the livelihood of the support system of tribals of Orissa. We
agree to their statement that the regeneration and conservation of forests is of utmost
importance to them and joint forest management system as well as formation of Van
Sanrakshan Samitis should make contribution in this regard. We also agree that any tribal
development strategy for the next few decades has to accord a high priority to the forestry
sector; that sustained food-for-work programme for assisted regulation of forests will help
recreate forest wealth while providing food security to the tribal household living in
remote tribal villages and in need of wage employment. But, we wish the State
Government had spelt out the measures they have been taking or are taking in this regard
20. The steps that the State Govt. has taken in abolishing the monopoly leasing system
in respect of so~e items of Minor Forest Produce (MFP) to contractors and allowing free
access to the primary gatherers appear to be in the right direction. As per the 1997 Orissa
Gram Panchayat (Amendment) Act, ownership of MFP has been vested in the Gram
Panchayats and they have been empowered to fix a minimum of procurement price to be
paid to the primary gatherers. The State Government's comment is that the free play of
market has resulted in price-hike in favour of primary gatherers for deleased items like,
Siali, hill broom, Amla etc. Unfortunately, our field observations do not confirm it. A
bumper harvest of items like Mahua, has resulted in a tendency for fall in prices which
needs to be counter-balanced through price-support and other mechanisms. The Panchayat
system has to step in and playa crucial role in ensuring proper price to the tribal collectors,
pluckers, processors etc.
21. We were apprised that there are forest villages in Orissa, but no number could be
gIven. The condition of forest village dwellers in other parts of the country is, generally,
694
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much worse than in those living in the revenue villages. Development items like irrigation,
agricultural inputs, communications, health and educational institutions,PDS flow into the
revenue villages as a matter of course and in accordance with Government policies and
programmes, but the forest villages are deprived as a matter of course. It is commonly
presumed that the forest villages are the protectorate of the Forest Department; that
department does not command the programmes and resources available in the "different
government departments. Consequently, the condition of the forest villagers has been
deteriorating. Traditionally, they have been treated as just wage-earners, if not coolies.
They do not have the advantage of title over the land which they till or over the homestead
where they live. The Government of India has, over the years, communicated their views
to the States that they should be conferred title over land and the forest villages should be
brought within the ambit of the development process. In fact, the Government of India has,
since the middle seventies urged the concerned State Governments to convert the forest
villages into revenue villages. We request that the State Government takes steps
accordingly.
Trade
22. On account of the insular habitation of STs, they have suffered much at the hands of
traders, merchants, middlemen, touts as well as even petty government officials like the
village revenue in-charge, police constable, excise peon, forest guard who have exploited
them, taking advantage of their ignorance throughout these two or three centuries, during
which tribal areas have opened out. An effective solution lies in raising their awareness and
educational level so that they do not fall an easy prey. That indeed may take time and, in
the meantime, vigilant institutions need to be built up. Some have been created and, if
necessary, more need to be conceived to protect them from the predators. To that end,
during the past quarter century, institutions like large-sized multipurpose cooperative
societies (LAMPS), tribal development corporations, forest cooperative societies have
been established. At the grass-root level, in Orissa 220 LAMPS were set up, a Tribal
Development Cooperative Corporation and a Forest Developme~t Corporation have been
functioning. The purpose was to enable tribals to (a) sell their produce for reasonable
return (b) purchase at controlled and/or reasonable prices commodities of daily use and (c)
695
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secure production and consumption loans at moderate rates of interest. During the past
couple of years, the State Government have attempted to build up grain-banks from where
during the lean season, tribals can borrow at a nominal rate of interest and return with small
interest at harvest time. However, during our tour, we learnt that not many LAMPS were
functioning effectively, the health of TDCC and FDCs left something to be desired and
grain-banks had yet to take off. We would like to stress LAMPS, the grass-root
organization and exhort that they should be enabled to perform through all the means at the
disposal of the State Government.
23. Recently, 18 commodities have been delicensed by the State Government and the
Panchayats have been authorized to deal in them. Though the initial results appear to be
discouraging, in our view, the Panchayats should be given enough time to work the system.
Since the accountability of the Panchayats to the people is immediate, our hope is that the
Panchayats would respond and implement the scheme responsibly. At stake is large quanta
of agriculture produce, but even more important is the generally neglected, and in non-
tribal areas relatively unknown, items of minor forest produce. We learnt during our tour
that bumper crops of Mahua, paddy and other items are expected. We expect the Gram
Panchayats to rise to the occasion and ensure good returns to the tribal through open
licensing competitive system. At the same time, market interventions by apex bodies like
the TDCC, FDC through mechanisms like minimum support price may exerCIse a
wholesome influence on the MFP market. that is in favour of benefit to STs.
24. Different rural development schemes, mostly related to employment on the one
hand and income-generating through self-help on the other, have been in force. The
beneficiaries receive 50 per cent subsidy and 50 per cent loan in respect of beneficiary-
oriented schemes. We heard complaints in this regard both in respect of loan and subsidy.
The basic problem is the low educational and awareness level of the members of the
scheduled tribes. The development administration has to exhibit higher motivation and
greater alertness in conveying benefits to this most backward section of the society.
Secondly, . while several schemes like the Pradhan Mantri Sadak Yojna, rural
communications etc. have been running, we found that roads in tribal areas are in poor
state. Our road journey from Rayagada to Puttasing via Ramanaguda, a distance of about
. 696
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30 kilometres, took us about three hours. There are several such instances. Greater
attention needs to be paid to communication development in these interior backward areas,
since one way of pulling them out of backwardness is through a good roads network;
railways may take ages to reach there.
25. A persistent problem about which we heard complaints almost everywhere during
our tour, relates to drinking-water supply. We found that the State Government had given
emphasis on the provision of tube-wells. Tube-wells score over open wells because they
reach deeper draw. But the disadvantage in tribal areas is that, geologically, the hard rocky
strata resist tube-well rigs. Secondly, the problem of repair of tube-wells which go out of
order often, is acute since mechanics take a long time in reaching the distant villages from
the Panchayat headquarters, if indeed they respond at alL We understand that shallow open
wells also may not be an ideal solution because of low water-table. We were glad to find
the State Government's programme of water-harvesting structures. They should be
encouraged for the reasons that water from perennial sources like springs and streams can
be drawn therefrom and, at the same time, the underground water regime is reinforced.
Hence, we feel that situational solutions as to tube-wells, open shallow wells, water-
harvesting structures etc., should be decided upon and adopted. The aim can be fulfilled
only if a discerning and motivated delivering system is in place.
Education
26. We consider education as a key factor for development of scheduled tribes. Both in
the field as well as at State headquarters we went into details in so far as this sector is
concerned. In summary, our perceptions were as follows:
(a) Primary education should be paid the utmost attention as it is the foundation.
It has not received the attention it deserves. The quality of education
imparted in the schools run by both the Tribal Development Department and
the Education Department was discouraging owing to several reasons.
Firstly, the number of vacancies of teachers was very large. There were
complaints that teachers did not stay in the villages and absenteeism was
common. One reason for this appears to be that residential accommodation
697
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along with some basic facilities like electricity have not been provided to the
teachers. Secondly, teachers were generally recruited from outside the tribal
areas and they were disinclined to stay far away in inhospitable tribal areas.
Such school h11ildings as existed appeared to be in a state of disrepair, while,
in other places, school buildings hardly existed.
(b) In the' districts, we were apprised that there was a ban on recruitment of
teachers, giving rise to a large number of vacancies. During the meeting
with the Chief Minister on 29 April 2003, it was indicated that the State
Government had proposed recruitment of 10,000 teachers. We requested
the State. Government to assign. priority to filling up of the vacancies in
tribal areas and particularly Scheduled Areas, since vacancies in these areas
were proportionately larger and long-standing. The proposal of placing
Shiksha Sahayaks also should be implemented. Further, it was essential to
recruit ST teachers from the Scheduled Areas but not from the same village,
to reduce absenteeism. It appeared that some time ago the village educatipn
committees (VECs) exercised some control over the teachers acting as some
check, but their powers had been withdrawn since; even the Collector did
not exercise any powers or control In our view, control of VECs over
teachers would help put primary education on a sound footing. In fact, apart
from the authority of the district inspector of schools and circle inspector of
schools, the Collector also should be brought into the picture for
supervision of the work of District and Circle Inspectors of Schools.
(c) Female literacy percentage was generally very low in tribal areas. It was
disconcerting to note that in some blocks like Kashipur in Rayagada district,
it was as low as 3 per cent. According to the Collector, in the district of
Koraput female literacy would not exceed 10 per cent. As such, special
attention needs to be paid to female education and greater and more liberal
use should be made of the schemes like residential accommodation,
scholarships of the State Government and the' Government of India's
scheme for spreading female education in low literacy pockets.
(d) It was found that the rates of drop-out were alarmingly high in tribal areas
ranging from 60 per cent to 90 per cent. While there could be many reasons
698
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for it like the economic condition of STs, the attitude of tribal parents, the
general condition of education in these areas, one reason which we thought
was remediable related to the system of promotion of students from class I
to class VII without any examination. The result: quite often the students
could not pull on in the higher classes from vm onwards since the
foundation itself was po'or, contributing to a high rate of drop-outs. The
State authorities were requested to review the matter.
(e) It is not remembered frequently enough that in tribal areas, tribal festivals,
religious rites etc. are observed and holidays are declared on such days, in
addition to the mainstream holidays, thus swelling the number of holidays in
a year disproportionately. Secondly, the timings of the classes do' not quite
fit the routine of tribal children who are also required in many cases to
attend to chores assigned by parents in field or at home. The matter needed
to be looked into.
(t) At times, in the field we were reminded of a long-standing demand of the
tribal people that the medium of instruction in tribal areas should be the
local language, since, particularly at the primary level, tribal children do not
follow the instruction imparted in any other language. It was seen from the
Stat~ Government's reply to our questionnaire that they have yet to take a
policy decision in the matter. During discussions at the State headquarters
we dwelt on this aspect and requested the State Government to consider it.
(g) Unemployment was increasing everywhere and tribal areas were no
exception, especially with the shrinking role of the State. At the same time,
in Orissa, we came across old and relatively new public sector units,
examples of which were the Rourkela Steel Plant, NALCO in Koraput and
Dhenkanal districts, Mahanadi Coal Fields Ltd. in Sundargarh and
Sambalpur districts where potential for employment of STs exists. There are
several private sector units also. The condition precedent is that the ST boys
and girls should have good grounding in general, vocational and technical
education, like in the electronics field. Both the State Government and the
managements of the PSUs should act in unison for imparting of not only
699
general but also vocational training to tribal youth to qualify them In
traditional and upcoming trades and callings.
(h) At many places where we chanced to go, the demand for eStaDllSlllnent of
boys and girls hostels and residential schools was stro~g. The tribal
domestic environment being what it is, hostels and residential institutions
serve the purpose of a critical need and, hence, should be given priority in
the educational scheme of things. Further, a general complaint was that
stipends were not being received on time. After more than half a century of
working, this chronic administrative shortcoming should be elimin~ted. It
was deplorable that the school managements were asked to subsist on credit
for months on end and stipend funds were being released towards the end of
financial year. !he vicious circle needs t~ be broken.
(i) Under Article 275(1) of the Constitution, the Government of India provides
sumptuous funds (Rs. 2.5 crores) for establishment of a model school for
STs to ensure quality education, the other schools in the area feeding such
model schools. It is a matter of regret that the State Government have not
been able to utilize the funds. In the field, we did not find the location of the
model school at Palupai near Ramanaguda in Rayagada district whose
construction had just begun, too proper. Further, Novodaya Vidalayas need
to be set up at each district headquarters.
G) Some of the schools in tribal areas in the State function under Education
Department and some under the Tribal Development Department. There
were divergent views as to whether the educational institutions of the former
run better or the latter. But we would like to bring to the notice of the State
Government a suggestion, which crops up now and then, having had a long
standing history, that there should be integration of the schools of the two
Departments and all schools should be run by the Education Department.
The Government of Orissa may like to examine the matter.
27. An important issue has been highlighted in the Replies to the Commission's
questionnaire where the State Government states: "The mainstream education adopted so
far ignores the tribal view-point, their culture and traditions upon which their life edifice is
placed. A curriculum is to be designed taking a holistic view of their culture, tradition and
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social ethics". No indIcation is available of the line or lines of action which the state has
taken in the matter. Understandably, it requires sustained thought and application. But the
lack of action is not justified.
Health
28. In the field of health also, the biggest failure seems to be in allowing 'Vacancies of
medical ,and para-medical staff to subsist for years. A~quate personnel from tribal areas
are not available and staff belonging to distant non-tribal districts are reluctant to stay in
tribal areas partly because of distance and partly on account of lack of residential,
educational and various other facilities. With every passing year, the situation has become
chronically worse. During oUr discussions we found that the State Government had been
alive to ~this problem, but no concrete action plan had been implemented to meet the
situation. They have been aware of the suggestions in the Maheshwar Prasad Committee
.
Report (1979) published by the Department of ,Personnel, Ministry of Home Affairs that
sub-cadres of medical personnel should be constituted and that members of the sub-cadres
serve for a certain. period in tribal aretis and this service should count with weightage for
seniority and promotion. It appe8J.'sthat, earlier, compensatory allowance was attached to ,.
the po~, but subsequently it was :withdrawn. Grant of monetary incentives, provision of
"-'J,."
resid<:~tial accommodation, eleaCicity and water facilities will go a long way in attracting
. ,
and retaining the personnel.

29. We came across deficiency of equipment and medicines in the places we visited. In
one district, even the single X-ray machine had been lying out of order and in another
distri~t not a single lady gyneacologistwas available.
30. It was not clear to us whether the total number of institutions required to be created
on the basis of relaxed norms for tribal areas prescribed by the Planning Commission had,
in fact, been established. Even the State Government's replies did not carry the required
information. This ought to be done, if not already done. Mobile units also fulfil a vital
need. But we felt that for inaccessible pockets like Puttasing in the district of Raigada, the
norms have to be even more relaxed. Travel time should be an important factor.
2564 SA&ST/04-45A
701
31. We have had occasion to have a look at the presentation of the Health and Family
Welfare Department of the State made on 18 November 2002 before the Chief Secretary.
It was disconcerting to find out exactly the same causes, which came to our notice during
our tour projected in the presentation:
Shortage of doctors
Shortage of specialists: anesthesia; paediatrics etc.
Absenteeism of doctors
Shortage of paramedical staff like radiographers, supervisors
Transformation of state cadres like those of nurses and paramedics to district
cadres
Large number of vacancies of multi-purpose health workers
The other problems and constraints highlighted in the presentation were in regard to drugs
i.e, inadequacy of funds, inadequacy of storage facilities, procedural delays in the
purchases and inadequacy of funds for diet and contingency. The other problems and
constraints related to inadequate equipment and its lack of maintenance. The infrastructure
had also been under handicap because of inadequacy of buildings, absence of staff quarters
and poor maintenance. Clearly, the diagnosis of the ills that beset the health sector in the
state has not been in doubt. The prescriptions are equally clear. The remedies need to be
applied,
Administrative Structure
32. During our visit, we found the Project Administrators and Integrated Tribal
Development Agencies (ITDAs) more or less marginalized. At the same time, the other
constituents of the district administration in Scheduled Areas and tribal areas were not
functioning too well. We did not find them fully alive or even as active as they ought to
have been. Insularity has imparted a laid-back character to the tribal areas leading to
backwardness of the tribal population. In the first instance, it is essential to infuse a sense
of requisite responsibility among the members of the district administration, a sense of
(
dedkMioJ1 combined with a degree of competence and integrity. rnc,c p~~le,
707
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ferment is necessary and we found some symptoms of it in the districts we visited. This
calls for two essential ingredients: an administrative structure which is appropriately suited
to the milieu of the tribal areas and, secondly, committed and competent individuals
manning it.
33. In so far as the administrative structure is concerned, it has originally been conceived
that a geographic unit like the ITDP/ITDA should be composed of several contiguous
development blocks enabling an integrated and projectised approach within the
ITDPIITDA areas. The post of the Project Administrator of an ITDAlITDP was expected
to be filled up by a cap~ble person who would be able to lead a team towards fulfilment of
I
goals marked out in the project report. Members of the team belonging to different
disciplines were to be selected with due care and discrimination to be able to meet the
challenges. The Project Administrator was required to be guided by the project level
committee, comprised of tribal leaders, legislators, concerned officials and non-officials.
The execution of schemes and programmes of development adinnbrated in the proj~ct
report was to be undertaken by the Block Development agency which usually has multi-
sectoral staff at its disposal and is assisted at the village level by the Panchayats and village
level workers. At the supra level, the ITDPIITDA would have the benefit of leadership of
the Collector as well as inter-linkages with the DRDA and district level officers of the line
departments. Thus, a module was conceived with the aim of optimal coordination and
synergy. However, as already mentioned in the field, we found that the ITDAs were
functioning with a small complement of engineering and clerical staff, in isolation from
other district organisations. It appeared that the ITDAs are being utilized to take care of
only the special Central assistance (SCA). In othet words, far from the comprehensive
concept of the ITDA visualized at the time of Fifth and Sixth Five Year Plans, it has shrunk
into a minor subsidiary entity.
34. Our further observation in the field was that funds had accumulated in almost every
one of the ITDAs running into severallakhsand even crores. A bird's eye view led us to a
rough assessment of the total accumulation in the ITDAs we visited, as Rs. 50 to 60 crores.
It was explained to us that much of this accumulation resulted from late receipt of sanctions
of-SCA by the Government of Orissa from the Govemment of India and subsequently hy
703
the ITDAs from the Government of Orissa. In fact, we could not obtain a full picture of
TSP allocations [i.e. State Plan flows + SCA+ Article 275(1) funds + any others],
utilization thereof and physical achievements therefrom. We would urge both the
Governments to release sanctions and funds to the field formations in advance, to enable.
purposeful utilization. This situation has been consternating.
35. Another issue to be considered is whether much purpose is served by adopting the
agency system in the form of an ITDA ( registered as a private society), in contradistinction
to an ITDP (a government organisation) model, since the former allows idle accumulation
of tax-payers' money but otherwise acts as a Government formation to all intents and
purposes. Even if a State Government comes to the conclusion that they would like to
continue the agency system, they may like to examine whether the accumulated balances
should not be parked in a way that earns interest.
36. The question of administrative structure for tribal development was discussed
during our visit to Orissa with the Chief Secretary and departmental secretaries, as well as
with the Chief Minister. Considering the plethora of organizations in the district, like the
representatives of nearly all line (including regulatory) departments, the ITDA, the DRDA,
the Block Develop~ent agency, and now the Panchayat institutions i.e. the Gram Sabha
(Palli Sabha in Orissa), Gram Panchayat, intermediate Panchayat and the Zilla Panchayat
that have been assigned a major role in planned development by Articles 243 to 243 (0),
the Provisions of Panchayat (Extension to Scheduled Areas) Act, 1996 and the
corresponding enactments of the State Government, it is necessary at this stage to take a
comprehensive view and to evolve for the State a module of district administration which
aims at optimal utilization of the different constituents for the sake of maximum benefit
returns in tribal areas. The State Gorernment officers were requested to prepare a concept paper on the subject and it is still aw*ted. A view will be taken on its receipt.
37. In some earlier paragraphs, e have dwelt enough on the need for positioning in
Scheduled Areas and tribal areas co petent men and women in the various posts. Hence,
whether it is the Collector or Proje t Administrator or a officer or a teacher or clerk or
secretary Gram Panchayat, selection has to be done with care and caution. At the same
704
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time, it is obligatory on the part of the authorities to ensure that the personnel posted do not
suffer undue hardships and handicaps while living and working in the usually difficult and
inhospitable areas. They need to be compensated adequately, say through payment of
compensatory allowance and/or double establishment allowance etc. Residential
accommodation along with the requisite facilities for electricity, water need to be provided .
..,.
Communications should be improved. Further incentives also might work - an example
may be weightage in the matter of seniority and promotion for the years of service
rendered in these areas.
38. Considering the general rung of the administrative and technical personnel, it might
be expedient to institute sub-cadres of certain cadres, stipulating that a member of a sub-
cadre would be required to serve in the Scheduled and tribal areas for a certain length of
time: thereafter he would join the mainstream cadre along with the weightage in service for
seniority and promotion. The personnel policies for tribal areas have been discussed in the
Maheshwar Prasad Report (1979) of the Union Department of Personnel. The suggestions
contained therein, may be helpful to the State Government. ;1-
i
The Panchayat system
39. Before we deal with the Panchayat system, we would like to refer to a constitutional
body, the Tribes Advisory Council (TAC). Such a Council has been prescribed in the Fifth
Schedule for States having Scheduled Areas. Since Orissa has Scheduled Areas, it has a
TAC. Our observations indicated that it has not been very effective. Even its meetings have
not been held regularly.
40. Panchayats in Orissa came to be governed by the Orissa Gram Panchayat Act 1964.
No distinction was made in this Act between Gram Panchayats in tribal areas and those
established in other areas~ Over the years, the importance ittached to the Panchayats
fluctuated from time to time, not only in Orissa but in other states of the country also. The
result was that the 73rd Constitutional Amendment relating to Panchayats for rural areas
and the 74th Constitutional Amendm~nt covering urban area were brought on board. The
two Amendments found place in the Constitution in its Part IX, the rural panchayats in
705

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Articles 243, 243A to 243 0 and 243 P to Article 243 ZG respectively, Article 243
M(4)(b) enjoined that Parliament may, by law, extend the provisions of Part IX to the
Scheduled Areas and the tribal areas (the Sixth Schedule Areas), subject to such exceptions
and modifications as may be specified in such law, and no such law shall be deemed to be
an amendment of the Constitution for the purpose of Article 368. In pursuance of this
provision, the Government of India appointed a Committee under the chairmanship of Shri
Dileep Singh Bhuria, the Chairman of the present Commission, with the aim of obtaining
recommendations relating to extension of the provisions of Part IX to Scheduled Areas.
The Bhuria Committee submitted its report in early 1995 and, based thereon, Parliament
passed the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
(PESA Act 1996). We have dealt with this matter in an earlier chapter and we feel no need
here to elaborate it. More to our purpose here, is a comparison between the Central PESA
Act and the enactment of the State Government maJldated by it. The comparison follows. '
41. Broadly, on a reading of the two pieces of legislation, one comes to the conclusion
that while the PESA Act focuses its attention on the powers and functions of the Gram
Sabha, (which is the grass-root fourth tier in Scheduled Areas below the Zilla Parishad,
intermediate Panchayat and Gram Panchayat,) such orientation has got diluted in the Orissa
legal enactment. In fact, the three Orissa Amendment Acts relate separately to Gram
Panchayat, Panhayat Samiti and Zilla Parishad. While this is a major issue and needs to
be looked at closely by the State authorities, other points of comparison requiring attention
are as hereunder:
PESA ACT 1996
ORISSA AMENDMENT ACT 1997
Section 4(i) provides that the Gram
It is significant that neither the Palli
Sabha
or
the
Panchayats
at the
Sabha (roughly correspo~ding to Gram
appropriate level shall be consulted
Sabha), nor the Gram Panchayat, nor
before making acquisition of land in
even the Panchayat Samiti have been
Scheduled
Areas for
development allowed such consultation and only the
projects
and before
resettling
or Zilla Parishad is so empowered. It is
rehabilitating persons affected by such
submitted that the idea behind not
projects in the Scheduled Areas; the
empowering any Panchayat below the
actual planning and implementation of
Zilla Parishad was that relatively large
the projects in the Scheduled Areas
areas of land need to be acquired and
706
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may be coordinated at the State's
level.
Planning and management of' minor
water bodies in the Scheduled Areas
has been entrusted to Panchayats at
the appropriate level. This means that
even Gram Sabhas can be so
entrusted.
The recommendations of Gram Sabha
or the Panchayat at the appropriate
level are mandatory prior to grant of
prospecting licences or mining lease
for minor minerals in the Scheduled
Areas.
The prior recommendation of the
Gram Sabha or the Panchayat at the
appropriate level is mandatory for
grant of concession for exploitation of
minor minerals.
The power to enforce prohibition or to
regulate it or to restrict the sale and
consumption of any intoxicant vests in
the Panchayats at the appropriate level
and the Gram Sabha.
Ownership of minor forest produce
has been vested in the Panchayats at
the appropriate level as well as the
Gram Sabha.
The power to prevent alienation of
land in the Scheduled Areas and to
take appropriate action to restore any
unlawfully alienated land of a
Scheduled Trihe vests in Panchayats at
the appropriate level and the Gram
Sabha.
The power to manage village markets
by whatever name called vests in
the matter should fall within
competence of the Zilla Parishad.
However, there could be several
instances of acquisition of small land
patches with which the Gram Sabha
may be more intimately concerned and
the higher Panchayat bodies may show
no concern.
Neither the Gram Panchayat nor the
Panchayat Samiti has been entrusted
with such functions.
The power has been conferred only on
the Zilla Panchayat.
-do-
Such power has been vested in the
Gram Panchayat subject to the control
and supervision of the Gram Shasan.
Such power has been vested in the
Gram Panchayat subject to the control
and supervision of the Gram Shasan.
- do-
- do-
7.07
,
Panchayats at the, appropriate level
and the eram Sabha.
The Panchayats at the appropriate
level and the Gram Sabha have the
power to exercise control over money-
lendingto the Scheduled Tribes.
The Panchayats at the appropriate
level and the Gram Sabha have the
power to exercise control over
institutions and functionaries in all
sodal sectors.
The Panchayats at the appropriate
level and the Gram Sabha have the
power of control over local plan and
resources for such plans including
Tribal sub-Plans
The State legislations should contain
safeguards to ensure that Panchayats
at the higher level do not assume the
powers and authority of any Panchayat
at the lower level or the Gram Sabha.
The State legislature shall endeavour
to follow the pattern of the Sixth
Schedule of the Constitution while
designing the administrative
arrangements in the Panchayats at
levels in the Scheduled district Areas
-do-
This power does not vest either in the
PalH Sabha or in the Gram Panchayat.
The Panchayat Samitis have been
empowered to exercise control and
supervision, the nature and extent of
which shall be such as may be
prescribed oVer institutions and
functionaries of various socia). sectors
in relation to the programmes and
measures, as the Government may, by
notification, specify. Thus the power
has been clarified and circumscribed.
No such power has been conferred
either on the PalH Sabha or Gram
Panchayat. It vests in the Panchayat
Samiti. It is presumed that by
extension it vests also in the Zilla
Panchayat.
This provision is totally absent.
This provision is totally absent.
I'
42. It may thus be seen that there are significant variations between the PESA Act
,- and the Orissa enactments. At the risk of repetition, one has to add that the basic
orientation is different. In the PESA Act, the grass-root tier, namely, the Gram Sabha is
centre stage. On the other hand, the tendency in the Orissa legislation is to shift the power
fulcrum to the intermediate and district tiers of Panchayats. The substance of the Orissa
enactment may have been drafted in the light of wisdom and experience of the concerned
..'.,
functionaries. But attention needs to be invited to the provisions of the Constitution which
708
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stress the need to reconcile differences between the legislation on a particular subject of the
Parliament and a State legislature. We do not, however, wish to press this point further,
except to say that in our view too, the strengthening of the grass-root democracy is the key
to a strong democratic federal structure at the successively higher tiers. This beacons to the
lowest tier of democracy as its very foundation.
43. We were apprised that Vishwase Bhuyor community, Banki Bahal petitioned for
inclusion of Bhuyar community in the Orissa ST list, as it has been notified as ST in the
neighbouring Chhatisgarh State .. The Ministry of Tribal Affairs would, no doubt, take note
for necessary action.
44. A copy of letter dated 5 May 2003 of the Chairman, Second Scheduled Areas &
Scheduled Tribes Commission addressed to the Chief Minister Orissa is placed at
Annexure I.
SUMMARY OF RECOMMENnATIONS
The Regulation I of 1956 as amended in 2002, besides prohibiting transfer to non-
STs land belonging to STs in Scheduled Areas, does not permit transfer of land between
two members of ST community or communities if the vendor is left with or less than two
acres of irrigated or five acres of un-irrigated land after the proposed transfer. Further, it
prescribes that all transfers between 4 October 1956 and 4 September 2002 shall be verified
to ascertain their genuineness. To enable this, the transferees have to give a declaration to
the Sub-Collector concerned within a period of two years indicating the means of such
transfers; persons in possession of tribal land in contravention of this provision are liable
to rigorous imprisonment up to two years and a fine up to Rs. 5000/-. This and others are
, 1
welcome provisions and should be implemented faithfully and monitored carefully.
2. Similarly, the provisions of the money-lending laws should be implemented and
monitored stringently.
3. Most of the'~so-called encroachers in forest land have been living in the lands
occupied by them for generations. But, often, evidence of that may not be forthcoming
because no documents have been issued to them and, in any case, the tribals have a
709
tradition of oral culture only. Enquiries by the district committees may not be able to arrive
at satisfactory conclusions. "Vhile considering the question, human cost involved should be
recorded as a vital factor.
4. The ban on transfer of forest land for non-forest purposes contained in the Forest
(Conservation) Act 1980 has successfully extended protection against indiscriminate tree-
felling and depletion of forest cover. But, simultaneously, it has shut out availability of
land for even small critical' needs like health sub-centres, primary health centers, primary
schools, drinking water wells etc. The matter deserves close examination and
consideration.
5. Regeneration and conservation of forests are of utmost concern to tribals. In
planned tribal development over the next two decades, forestry sector should be accorded a
high priority.
6. Sustained implementation of food for work programme will help recreate forest
wealth while providing wage-employment and food-security to the tribal house-holds
living in remote tribal villages.
7. As per the 1997 the Orissa Gram Panchayat (Amendment) Act, ownership ofMFP
has been vested in the Gram Panchayats and they have been empowered to fix a minimum
procurement price to be paid to the primary gatherers. As there has been a bumper harvest
of certain items of MJ?P e.g. Mohua in 2003 in Orissa, there is a tendency for fall in prices.
This needs to be counter-balanced through price-support and other mechanisms. The State
Government has to step in to activate the Panachayat system for playing a crucial role and
ensuring proper price to the tribal pluckers, cultivators, processors etc.
8. The condition of forest villagers has been deteriorating. They do not usually have
title over the land which they till or over a home-stead where they live. They should be
conferred title over the land and forest villages should be converted into revenue villages
and brought squarely within the ambit of development process.
710
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illl I 11111'
9. In the State, not many LAMPS were functioning effectively. The health of TDCC
and FDC left something to be desired. Grain-banks had yet to take off. Steps should be
taken to revitalise these organisations. The secondary bodies like TDCC, FDC should
undertake market intervention through mechanisms like minimum support-price to benefit
the STs.
10. The road-network in tribal areas is very poor. Since railways may take a long time
in connecting interior parts of tribal areas, greater attention needs to be paid to
communications.
11. Drinking water supply is still a problem in tribal areas. Consequently, various
solutions like tube-wells, open-wells, water-harvesting structures, springs should be
considered for adoption since tube-wells alone may not offer an ideal solution on account
of difficulty in boring in hard rocky strata aI)d requirement of frequent repairs of tube-
wells.
12. In the field of education, the following may be attended to:
(a) To meet the disinclination of teachers hailing from outside the tribal areas to
serve in tribal areas, basic facilities like staff quarters should be provided.
As far as possible, teachers should be recruited locally to enable free
communication between the teacher and the taught. Teachers should be
recruited locally but not from the same village.
(b) School buildings should be provided where they do not exist and those in a
state of disrepair should be attended to.
(c) The large number of vacancies in Scheduled and Tribal Areas should be
filled up on priority basis. Village education committees may be vested
with authority to control teachers. The Collectors should be brought into the
picture for sUpervision of the work of District and Circle Inspectors of .
schools.
(d) As female literacy percentage in tribal areas has been abysmally low, special
attention should be paid to female education, making liberal use of schemes
like hostels, residential schools, scholarships, low female literacy pockets
scheme of the Government of India.
(e) The quality of education needs to be drastically improved to check high
rates of drop-outs.
711
(f) The holidays, schools timings, calendar etc should be adjusted to accord
with the tribal cultural milieu.
(g) As, initially, the tribal children are able to follow instructions in their
mother-tongue only, at least in the primary classes instruction should be
imparted in their own language.
(h) According to the State Government" a curriculum is to be designed taking
holistic view of their (tribal) culture, traditions and social ethics". This is an
important facet and vigorous action should be taken in line with this
statement.
(i) The growing demand for residential schools and hostels, both for boys and
girls should be urgently met, particularly since funds are no constraint now.
Scholarships should reach the students in time.
G) Model Schools for which money has been given by the Centre under Article
275(1) to the State Government, should be constructed expeditiously and
studies commenced promptly.
13. In the field of health also, a large number of vacancies of medical and para-medical
staff subsist for long time on account of distances, poor communications, lack of
residential, educational and various other facilities. As in the field of education, an
appropriate personnel policy is required by way of provisioning of requisite facilities and
incentives.
14. We could not obtain full information in regard to health situation like SHCs, PHCs,
CHCs and hospitals existing in the State relative to the prescribed normative numbers.
These need to be checked up. Further, we feel that considering the almos,t inaccessible
tribal areas in the state like Puttasing tract in the Rayagada district, another look at the
norms by the Planning Commission for further relaxation is necessary. Travel time should
be an important factor.
15. Problems of para-medical staff like radiographers, supervisors, nurses, ANMs, Dais
can be solved only by locating adequate number of training institutions in the tribal areas
and training local boys and girls. Like-wise, local multipurpose health workers need to be
trained.
712
, 'I" "1 " !" 'I" "'Ii I "I"'"I'Ii"l"H'I" II 'I'" I I I I I ,,' I "II ;" III '"
16. For implementation of various development progmmmes and schemes, inter alia,
two essential ingredients are necessary: an administrative structure appropriately suited to
the milieu of the tribal areas and, secondly, committed and competent individuals manning
it.
17. Considering the plethora of organizations in a district, the state Government may
take a comprehensive view to evolve a module of district administration that aims at
rationalisation of organisational structure and optimal utilisation of. the different
constituents for maximum-benefit returns in tribal areas. The ITDA has shrunk in the State
in respect of both its areas and functions. Its comprehensive character covering both the
developmental and protective functions should be restored.
18. A comprehensive personnel policy for tribal areas should be worked out including
both the system of rewards and punishments. Incentives should be inbuilt for class III and
class IV and even for class II services. District cadres like that of teachers, nurses, and
other para-medical staff should be constituted.
19.. The Tribes Advisory Council in the State was found to be not meeting regularly.
Further, it was not very effective. It needs to be activated.
20. The Orissa Gram Panchayat Act as amended iri 1997 falls short of the Central PESA
Act 1996. One major difference is that while the PESA Act focuses on the Gram Sabhas,
the orientation has been diluted in the Orissa enactment. There is need to re-orient the
Orissa Act to approximate it to the PESA Act.
713
'II
I
I
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I
SECOND COMMISSION FOR SCHEDULED AREAS
AND SCHEDULED TRIBES
SUMMARY RECORD OF MEETING WITH
THE CHIEF MINISTER ORISSA
AT BHUBANESHW AR
Present
1.
Shri D.S. Bhuria Chairman,
8hri Naveen Pattnaik
Second SA ST Commission
Chief Minister, Orissa
2.
Dr. Bhupinder Singh, Shri Kalindi Behera, Minister for
Member,
-do-
SC & ST Development Deptt. Orissa
3.
Dr. P.K. Patel
Shri Balabhadra Majhi
Member
-do- Minister of State for SC & ST
Development Deptt. Orissa
4.
Shri Sanjeev Patjoshi Shri Ardhendu Sarangi
Jt. Director,
-do-
Principal Secretary
and
Commissioner, SC ST Dev. Deptt. 5.
Dr. P.K.Mohanty Shri Santosh Satpathy,
Expert,
-do- Additional
Secretary
to
Chief
Minister
Shri J.D. Sharma, Add!. Secretary, SC ST Development Department.
The meeting was held on 29 April 2003 in the Office of the Chief Minister.
2. The Chief Minister Shri Naveen Pattnaik welcomed the Chairman and the
Members of the Commission.
3. Shri D.S. Bhuria, Chairman of the Commission thanked the Chief Minister for all the
facilities and courtesies extended to the Commision., He apprised that the Commission had
toured Rayagada, Koraput, Navarangpur, Sundargarh, Jharsuguda and Sambalpur districts
of Orissa and had gained valuable insights about the tribal people and tribal areas.
4. The Commission's first anxiety related to education. For instance, female literacy
percentage was mentioned in each district as very low, as low as 2-3 per cent in Kashipur
Block of Rayagada District and 3-4 per cent in Koraput District. It might have improved in
the meantime, assuming these figures to relate to 1991 census. But even so, the spread of
education among tribais was very limited. Drop-out rates varied from 60 per cent to 90 per
cent. The educational backwardness could be ascribed to the large number of teachers'
714
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vaeaJ)cies, teacher absenteeism, their getteral negIi~, lack of residential
accommodation for them, lack of school buildings at several places, bad condition of
existing buildings, lack of control over teachers etc. In KBK area, vacancies to the ~xtent
of 30 percent persisted.
4.1 According to the Chief Minister, ten thousand more teachers were being posted and in
positioning them priority would be given to areas having larger number and persisting
vacancies. The village education committees would continue to have control over the
teachers. With these and other measures, he hoped the situation would improve. The
officers of the Orissa Government asked that the expenditure on scholarships shpuld be
shared 50-50 between the Government of Orissa and the Government of India.
5. The Chairman of the Commission pointed out that the performance of tribal
development in Andhra Pradesh was better, partly owing to the fact that the Chief Minister
of Andhra Pradesh had instructed that the Project Officers to be posted to the ITDAs should
be selected with care. The policy of posting dedicated and competent young officers as
Project Administrators to ITDAs in Orissa should be followed and the results would be
rewarding.The Chief Minister instrcted his officers to adopt these measures particularly as
the transfer season was at hand. He mentioned by way of example, that the stewardship of ,
Malkangiri district by successive capable Collectors had brought peace 'to it leading to its
development.
6. The Commission found that in the ITDAs that they visited, cash balances in PL
accounts to the extent of Rs.SOto 60 crores were lying un-utilized, when the state was
facing financial crunch. It was explained that the contracts had yet to be decided and the
money would be spent soon. The ~tate GoVernmentwould arrange timely release of funds
to the field formations for better utilization.
7. The Commission appreciated the. amending Regulation 2 of 1956 passed in 2002
which places a blanket ban on transfer of lands belonging to STs in Scheduled Areas to
non-STs. This should go a long way in curbing tribal dispossession. But the authorities in
ScheduledAreas should remain alert to under-hand dealings like benami transfers. Further,
intensive efforts were needed for restorationto STsiof illegal transferred lands.
715
'1
8. It was brought to the notice of the Chief Minister that irregularities had .been
committed in 1957 - 61 survey and settlement operations in as much as land had been
recorded in the name of some influential non-tribals through fraudulent means, but, in
cases brought to the Commission's notice, the ST land-holders continued to retain the
possession. It was requested that the State Government take up survey and settlement
operations in the districts to remove the anomalies and enable tribal owners to acquire title
to the land so that they could avail of facilities like bank loans. In a subsequent discussion
with the Minister for Revenue, Shri Bishwabhushan Harichandan, the same point was
raised and he assured appropriate action in the matter.
9. It was noted by the Commission that, as per the current excise policy of the State
Government, while liquor vending had been banned in the rural parts of the Scheduled
Areas, it continued at the district and sub-divisional headquarters. This resulted in illegal
flow of liquor from urban centers to rural areas and, in consequence, exploitation of tribals
by liquor contractors. In fact, the earnings of tribal families were, in large part, being
mopped up by liquor vendors. It was urged to the State Government that the policy
recommended by the Government of India in 1974 to the effect that liquor vending should
be abolished in toto in tribal areas including Scheduled Areas, and tribals should be
allowed to brew their own liquor for domestic and social purposes be adopted. The point
was appreciated by the State representatives and they expressed that action would be taken
accordingly.
10. In Orissa this year, bumper crops of minor forest produce (MFP) items were
expected and, on behalf of the Commission, it was urged that their proper marketing should
be facilitated. The State representatives stated that a number of items of MFP had been de-
licensed and the Panchayats had been authorized to issue licenses for trade in those items.
However, since markets in tribal areas are habitually inclined towards middlemen and
trading classes, it was essential that marketing interventions by agencies like LAMPS and
TDCC in the form of minimum support price should be effect~vely implemented. The
discussions then turned around Kendu leaves. Trade in this item was being run
departmentally. Giving a rough idea, the State representative stated that malpractices were
still being indulged in and these needed to be weeded out. On behalf of the Commission, it
716
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i I I I "" I II H'
was urged that from the annual gross profit of Rs.200 crores, some amount should be set
apart for distribution as cash bonus to the pluckers and collectors of Kendu leaves in the
form of Chief Minister's Bonus Fund .
11. The Chief Minister and the other two Ministers were apprised of the differences
between the Central Provisions of the Panchayat (Extension to Scheduled Areas) Act 1996
and the Orissa Gram Panchayats (Amendment) Act 1997. It was pointed out that the one
basic difference between the two was that the former was Gram Sabha oriented and the
latter was more oriented towards higher bodies like Panchayat Samitis and Zila Panchayats
and.1ess towards Palli Sabha. The result was that the original purpose of focus on the grass-
root tier had got diluted in the Orissa enactment. A bureaucratic element also had been
introduced in the Orissa law for budgetary procedure, going against the grain of the Central
Act. The differences needed to be appreciated in the context of Provision of Part XI of the
Constitution, particularly Article 254.
12. The Commission felt that one reason for sub-optimal performance in tribal
development has been the lack of synergy in the various components of the district
administration like DRDA, ITDA, l~ne departments, development blocks and the erstwhile
Panchayats. It was observed that ITDAs which had been conceived earlier as the major
delivery agent for tribal areas had been marginalized. Now that a pro-active role has been
assigned to the four-tier Panchayats in tribal areas by the 73rd Constitutional amendment,
Article 243M, the PESA Act 1996, an analytical and constructive review of the entire
district machinery needs to be undertaken with the following objects in view:
a) In terms of Article 243G making Panchayats engines of preparation of plans
for economic development and social justice as well as for implementation of
such schemes
b) For achievement of the purpose in (a) above, integrating the Panchayat system
organically into the district development administrative machinery
c) Identifying and demarcating appropriate roles of the ITDA and the DRDA as
vehicles of planning and implementation in the tribal context and inter-locking

2564 SA&ST/04-46A
717
them, keeping in view the block agency as the single implementational tool in
the district.
The Chief Minister was informed that the matter had been discussed with the Chief
Secretary and his colleagues of different departments arid they had been requested to
prepare and send to the Commission a concept paper within a fortnight on the subject
delineating as to how, best the integration and implementational roles could be conceived.
13. Another important administrative matter concerned financial procedure. It is
understood that the Tribal sub-Plan out-lay was bemg budgeted under the demands of the
concerned department and shown under appro~riate scheme heads under the minor head "
Tribal Area sub-Plan" under each relevant major head. In the State document, it had been
admitted that this procedure has not helped effective monitoring. The State Officers
proposed showing the entire TSP out-lay provided in the budget demand of each
department under a separate major head, booking it tplder the respective scheme heads
below appropriate minor heads under the major head. It had been stated that the advantage
of this mechanism would be that the entire host of TSP schemes implemented by each
department would appear at one place in the demand (budget book) of that department,
leading to budgetry transparency- and facilitating easy identification with the planned
schemes and the ear-marking TSP out-lay of each department. The advantage would be
substantial improvement of monitoring. The Governme:nt of India had been advocating the
concept of single demand budgeting in the Tribal Development Department. While there
is something to be said in favour of the procedure suggested by the Orissa officers, it seems
to be aimed merely at better monitoring. But a single demand budgeting in the Tribal
Development Department system goes further than that. It would enable the Tribal
Development Department to select, in consultation with the concerned line department,
suitable programmes and schemes for tribal people and tribal areas and/or to modify/alter
the running schemes as necessary through the mechanism of budget control. At the same
time, it has the advantage of better monitoring. The State Government was requested to
consider.
14. The Chairman and Commission members appreciated the fine work being done in
the State through creation of Wornens' Self-help Groups and the vital projects these Groups
718
2564 SA&ST/04-46B
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have been putting through. The Commission also expressed its appreciation of
implementation of the scheme of water-harvesting structures bringing in the benefits of
irrigation, improvement of soil moisture regi~e, drinking water and, in the wake of these
benefits, leading to trigger effect in the mode of living and attitudes to education etc.
15. The Commission observed that the public and private sector units like RSP,
NALCO, MeL, J.K. Paper Mill etc. in Orissa had been contributing somewhat to tribal
welfare through peripheral development schemes. It was felt that the effort was marginal.
Having taken over the means of livelihood of tribals such as land, water, it is incumbent
that these PSUs should take over substantial responsibility like integrated development of
the villages affected, mobile medical units with specialized equipment, funding vocational
and technical education, financing meritorious ST students for higher studies etc. The
Chief Minister agreed to the suggestion and expressed the desire to take up the matter.
719
DILEEP SINGH BHURIA
CHAIRMAN
Dear Shri Patnaik,
GOVT. OF INDIA
SCHEDULED AREAS &
SCHEDULED TRIBES
COMMISSION
No.PS/BS/61103
5 May 2003
I write to thank you for all the arrangements that the State Government made for the
Second Scheduled Areas & Scheduled Tribes Commission to tour the different interior
areas of the State and the hospitality that they extended to us. Further, I would like to
express my gratitude for the meetings which the Commission had in the field with different
officers and non-officials as well as at the State headquarters, particularly with yourself and
other Ministers, the Chief Secretary and other senior officers. The Governor was good
enough to give us an opportunity to exchange views.
2. I enclose herewith a summary record of the meetings held with you, the two Ministers
for Tribal Development, the Minister for Revenue and other officers of the State
Government. I have no doubt that you would be kind enough to ensure action in
accordance with our discussion.
With kind regards,
Yours sincerely
( Dileep Singh Bhuria)
Shri Naveen Patnaik
Chief Minister of Orissa
BHUBANESW AR.
720
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STATE REPORT ON RA~ASTHAN
Rajasthan, the largest State of India constitutes abouf10.40 per cent of the
total geographical area (3,42,239 sq.kms.) of India. It is bounded by Pakistan in
the West and North-west with an international border of 1,070 Kms. by the State
of Punjab in the North and Haryana in the North-east and by the State of Gujarat
in the South-west, by Uttar Pradesh in the East and Madhya Pradesh in the
South-east.
2. The process of integration of Rajasthan which commenced in 1948 and
culminated in 1956 by merger of 19 erstwhile princely States of Rajputana,
merger of Ajmer-Merwara, the former centrally governed state and inter transfer
of small enclaves from Rajasthan to the neighbouring states and vice versa It is
noticed that the Schedule Tribe (ST) population of in -the state spiralled from
2.04% in 1951 to 11.70% in 1961, due to the inclusion of many tribes in category of
ST, the ST population showed a drastic increase of 720.95 per cent in 1961.
3. As per 1991 Census the total popu~ation of Rajashan was 44,00,59,990
persons while that of STs was 54,74,881 persons (12.44%). Density per
sq.km.of the State was 129 (General) and 16 (ST).
4(a). Shri Dileep Singh Bhuria, Chairman, Scheduled Areas and Scheduled
Tribes Commission, SjShri S.K. Kaul, K.F. Valvi, Dr. B.D. Damore and Ram
Sevak Paikera, Members accompanied by Shri P.D. Gulati, Expert undertook the
tours of Rajasthan in three phases. In the first phase, the border districts of
Barmer, Jaisalmer and Jodhpur were covered (Part III) while the second phase
involved touring in the Scheduled Area, Sirohi (Abu Road), Kotra Tahsil
(Udaipur), Banswara and Dungarpur as well as Udaipur town (Part I) for
discussions with the TAD Commissioner and district level officers. The third
phase covered habitations of PTG in Baran district, Kota for the study of Seharia
and Jaipur (Part II) for discussions at the State level with the officers.
4(b). This report is divided into three parts. Part I deals with Scheduled Areas
(SAs) and Tribal sub-Plan. In Part II, we have discussed the problems of Seharia,
the only primitive Tribal Group (PTG) in the State. Part III indicates the position
of scattered ST communities in 29 out of 32 districts of the State.
II

% age TSP Area

+30.80
+24.40
PART-I
5. Decadal growth of population in Tribal sub-Plan area during 1971""81and
1981-91 was as under:-
Decade % age Rajasthan
1971-81 32.97
1981-91 28.07
6. The above figures reveal that there was a fair growth rate of 28.0% in the
decade 1981-91 in comparison to the previous decade 1971-81. However, in case
of TSP, the growth rate of population from 1971 onwards is less than the decadal
growth. This is so because the tribal population due to loss of command over
resources is migrating to the urban industrial areas outside the sub-Plan area for
livelihood.
TABLE-1
RAJASTHAN AT A GLANCE
I (a). Geographical area in square Kilometres.
(b). Total population (2001 Census)
II (a) No. of revenue districts
(b) No. of revenue divisions
III Demography
(a)
3,42,239
44,OO~59,990 (5% of
India's population)
32
06
Census
Total (in
Total decadal
ST (in lakhs) %age of STs
ST decadal
year
crores)
growth.
to total
growth
population 1991
4.40 28.44 54.75 12.44 31.19
2001
5.65 28.33 70.98 12.57 29.64
(b)
Population (ST) 1991 2001
Decadal ~owth
Rural
5220549 6717830 28.68
Urban
254332 379876 49.36
Total
5474881 7097706 29.64
(c) Sex Ratio -
I" Districts
S.No.
1.
2.
3.
4.
5.
6.
7.
1991 - 910(Total) 930(ST)
2001 - 922(Total) 944(ST)
having 20% or more ST population: (1991 Census)
District % age
Banswara 73.5
Dungarpur 65.8
Udaipur 36.8
Sirohi 23.4
Sawaimandhopur 22.6
Bundi 20.3
Chhitorgarh 20.13
'722
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11
1Seharia(District Baran)
MADA Clusters
PIG
V Number of Integrated Tribal Development Projeds (ITDPs), MADA
Pockets, Clusters and PTGs:
ITDPs 5
MADA Pockets 44
vI ITDPs: The STs covering 23 blocks and an area of 19,105.9~sq. kms.and
a total population of 35,19,311 of which 24,01,711 or 68.24 per cent belong to STs.
The five ITDPs (Udaipur, Banswara, Dungarpur, Chittorgarh and Sirohi) consist
of 4,440 villages out of which 4,367 are inhabited.
VII MADA Blocks: 44 MADA Blocks have got 3,592 villages, with a total
population of 22,58,134 out of which the tribal population is 12,49,231 or 55.32
per cent. These 44 MADA Blocks are located in 16 districts.
VIII MADA Clusters: The 11 MADA Clusters falling in 8 districts and lying
in 161 villages have a total population Qf83,799 and a tribal population of 45,494
or 54.29 per cent.
IX PTG Group: Seharia is the only PIG group in Rajasthan .. They inhabit
Kishangarh and Sahabad Tehsils of Baran district of Rajasthan. This area covers
439 villages having a population of 1.911akhs out of which 0;66 lakh are ST and.
of them OA8lakh belong to Seharia community (1991 Census).
X Scattered Tribal Population: Scattered ST population of 17.53 lakhs
found in the 29 districts of the State formed 32.70 per cent of total ST population
according to 1991 census ..
Tribal Sub Plan:
TABLE-2
, ,
Plan Period
State Plan
State Plan expenditure to expenditure in
Outlay
Scheduled Areas
% age Flow
Rs. In Cron~~s
V Plan
611.08 8.97 55.00
VI Plan
1899.87 11.09 236.19
VII Plan
3258.15 10.30 319.89
VIII Plan
11950.00 8.88 1053.35
IXPlan (It)
22177.16 6.7 1496.61
XPlan (x)
31831.75 5.83 1855.00
(proposed)
("') State Plan provision to expenditure in Scheduled Areas.
(x) State Plan provision flow for Scheduled Areas.
'II
7(b). Percentage flow to TSP as given above indicates that though it continued
to increase from 8.97in the V Plan to 11.09in the VI Plan. However, from the VII
Plan onwards the percentage flow showed a down swing from 10.30%(VII Plan)
to 5.83%in X Plan (Proposed). The State Govt. had issued orders in December,
1999 that "8% of the funds of plan ceiling of divisible outlay of all executive
departments will be allotted in lumpsum to Tribal Areas Development
Department" when the population of STsis 12.5%of the total population.
8. Considering that the development activity in Tribal Sub Plan area
should have picked up at the commencement of X Plan, the flow to TSP both
in percentage and absolute terms should h.ave increased side by side with the
increase in the Tenth Plan outlay compared to the Ninth Plan. It is evident
from the above figures that whereas the Tenth Plan allocation has incr ased by
43.53per cent, allocation for' Scheduled Areas has decreased from 6.7t 5.8and
yet the state Govt. makes a claim that they are following 'Maharshtra Pattern'
in allocating funds from State Deptts. for the TSP areas. The Co mission
recommends that the State Government should make earnest efforts t ensure
that various Deptts. earmark at least 12.5per cent of funds for TSP are s. The
Departments of education, health, irrigation, public health should ncrease
their outlay earmarked for TSP area considering the backwardness f these
areas rather than on the basis of percentage of ST population.
TABLE-3
, ,
Category
Total Cultivators
Agricultural
Workers other
Ma1rginal
Workers
(%age)
Cultivators than Workers
(%age)
cultivators
(%age)
and
agricultural
labourers
I
(%age)
I General
13915070 58.8 10.0 31.2 22.9
1ST
I
1908531
76.1 13.5 10.3 33.1
1U. The above table reveals that while the percentage of cultivators among ST
population was 76.1 per cent that among general population was only 58.8 per
cent, which means that there were more cultivators among STs than the general
population. However, the position is reversed when we take into consideration
the statistics about agricultural labourers. The agricultural labourers among
STs constituted 13.5per cent while that among the general population was 31.2
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per cent only. As regards marginal workers the same story is repeated, there
were 33.1 per cent marginal workers among STs while only 22.9 per cent
among the general population which is due on account of factors like loss of
land due to alienation, fragmentation of land holdings among STs which are
quite often without irrigation facilities and therefore their agricultural
production is dependent on rain-fed agriculture. It also compels the tribals to
migrate to industrial and urban centres in the neighbouring States of Gujarat,
Delhi, Punjab, Haryana, etc. for livelihood.
TABLE-4
11. BPLfamilies in rural areas:
Category
12. List of Scheduled Tribes
STs and their names as per Constitution (Scheduled Tribes) Order, 1950
are given below:
1. Bhil, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, Mewasi
Bhil, Rawal Bhil, Tadvi, Bhagalia, Bhilala, Pawra, Vasava, Vasave.
2. Bhil Meena
3. Damore, Damaria
4. Dhanka, Tadvi, Tetaria, Valvi
5. Garasia (excluding Rajput Garasia)
6. Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, Son Kathodi, Son
Katkari
7. Kokna, Kokni, Kukna
8. Koli Dhor, Tokre Koli, Kolcha, Kolgha
9. Meena
10. Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka,
NanaNayaka
11. Patelia
12. Seharia, Sehria, Sahariya
13 (i). Appendix I gives the distribution of STs population of the State by sex
according 1991census. The tribals in Rajasthan are of varied ethnic composition
and cultural patterns comprising mainly Bhil, Damore, Bhil Meena, Garasia,
Kathodi and Seharia. The first three tribals are mainly concentrated in
Banswara, Dungarpur and Southern half of Udaipur district and the next two in
parts of Chittorgarh and Sirohi district and Seharia in Baran district.
II
13 (ii). Classification of Scheduled Tribes
The Commission during its tour in the Scheduled and non-Scheduled
areas of the state received persistent demands from tribal leaders that some tribal
communities had received disproportionately large benefits of policy of
reservation in employment and admission to educational institutions. The
Commission after deliberations have come to the conclusion that the State
Government should go into all aspects of reservation in emp~oyment and
admission to educational institutions and examine whether a disproportionately
large number of benefits have gone to some tribal communities and take
measures required for equitable distribution among various ST communities.
The Commission tentatively suggest that the STs should be categorized
into four groups A,B,C, and D on a rational basis as indicated below:
A. Seharias who are classified as PTGs
B. STs living in Scheduled and Tribal Sub Plan areas
C. STs living in the scattered areas, and
D. STs living in rural and urban areas who are not covered in the above
mentioned three categories.
(v)
(ii)
(vi)
(vii)
1.
2.
3.
Scheduled Areas:
The Scheduled Areas in Rajasthan were originally specified under the
Scheduled Areas (Part BStates) Order, 1950 (CO 26) dated 07.12.50 and had been
re-specified under Scheduled Areas (State of Rajasthan) Order, 1981 (CO 114)
dated 12.12.81 after rescinding the first order referred to above.
These areas are as under.
Banswara district
Dungarpur district
The following in Udaipur district:
(a) Tahsils of Phalasia, Kherwara, Kotra, Sarada Salumbar and Lasadia,
(b) The eighty-one villages of Girwa tahsil as mentioned below:
(i) Sisarma Devali, Baleecha, Sethji ki kundal, Rayta, Kodiyat
and Peepliya villages of Sisarma panchayat,
Bujra, Naya Gurha, Popalti and Naya Khera villages of Bujra
Panchayat,
(iii) Nai village of Nai Panchayat,
(iv) Dodawali Kaliwas, Kar Nali Surna, Borawara Ka Khera,
Madri, Bachaar and Keli villages of Dodawali Panchayat,
Bari Sadri, Chhoti Sadri, Peepalwas and Kumariya Kherwa
villages of Bari Sadri Panchayat,
Alsigarh, Pai and Aar villages of Alsigarh Panchayat,
Padoona Amarpura and Jawala villages of Padoona
Panchayat,
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(viii) Chanawada village of Chanawada Panchayat,
(ix) Saroo and Baran villages of Saroo Panchayat,
(x) Teeri Borikuwa and Gojiyavillages of TeeriPanchayat,
(xi) Jawar, Rawan, Dhawari Talai, Nayakhera, Kanpur and
Udaiya Khera villages of Jawar Panchayat,
~xii) Barapal, Torana Talab and Kadiya Khet villags of Barapal
Panchayat,
(xiii) Kaya and Chandani villages of Kaya Panchayat,
(xiv) Teetardi, Phanda, Biliya, Dakankotra, Dholiya Ki Pati and
Saweena Khera villages of Teetradi Panchayat,
(xv) Kanpur village of Kanpur Panchayat,
(xvi) Wali, Boodel, Lalpura, Parawal, Kheri land Jaspur
villages of Wali Panchayat,
(xvii) Chansada, Damaron Ka Guda, Mamadeo, Jhamar Kotra,
Sathpura Gujaran, Sathpura Meenan. Jali Ka Gurha,. Kharwa,
Manpura and Jodhipuria villages of Chansada Panchayat,
(xviii) Jugal Village of Jugal Panchayat.
(xix) Dateesar, Runeeja, Basu and Rodda villages of Dateesar
Panchayat,
(xx) Lokarwas and Parola villags of Lokarwas Panchayat,
(xxi) Bhala Ka Gurha, Karget, Bhesadha and Bichhri villages of
Bhala Ka C;;urhaPanchayat.
4. Pratapgarh tahsil in Chittaurgah district.
5. Abu road Blockof Abu Road tehsil in Sirohi district.
15. Addition to the list of Sch~duled Areas: The Dhebar Commisison had
recommended the following criteria for notification of the Scheduled Areas:
i) Preponderance of.the Scheduled Areas by tribal population.
ii) Compactness and reasonable size of the area.
iii) Under-developed nature of the area, and
iv) Marked disparity in economic standard of the people.
Dhebar Commission had mentioned in 1961 that the following areas
where the tribal concentration is more than 50 per cent have been proposed by
the State Government to be declared as Scheduled Areas. These areas cover
3,927 sq. miles with a tribal population of 2,65,978 at that time and tribal
concentration varying from 52per cent to 65per cent. These areas are:
l(a) Sarada Sub-Division comparising Sarada, Salumber, and Kherawara
Tehsils; Kotda tehsil; Phalasia Tehsil; Lasadia Tehsil; G<;>gundaTehsil; Girwa
Tehsil (villages of Naee, Bunjhada, Naya Guda, Popalati,Naya Khera, Dodavali,
Surana, Karmali, Boravar, Ka Khera, Kachhar, Kaliwas, Madari, Keli, Beri
'II
Undari, Chhoti Undari, Peepalwas, Kunwaria Khera, Alsigarh, Paee, Aar and
Sang of Barda village Panchayat and all the villages of Sub-Tehsil Barapal); and
Vallabhnagara Tehsil (village of the following Panchayats - Adinda, Modida,
Panund, Syiand, Lunda, Kundiya, Kuntwas, Akola and Sgrampura) of Udaipur
District.
(b) Achanera Tehsil and villages of Chooti Sadri Panchayat Samiti of Chittorgarh
District.
(c) Abu Road Panchayat Samiti of Sirohi District.
(d) Shahbad and Kishanganj Tehsils of Kota District.
(e) Sawai Madhopur District.
(f) Lalsot and Sikrai of Jaipur District.
(g) Rajgarh Tehsil of Alwar District.
(h) BaliTehsil of Pali District.
(i) Pindwara Tehsil of Sirohi District.
G) Hindoli and Talera Tehsils of Bundi District.
(k) Jahajpur and Mandalgarh Tehsils of Bhilwara District.
(I) Deoli Tehsil of Tonk District.
16. A comparison of the Scheduled Areas list declared in 1981 with the
recommendation made by the State Government to the Dhebar Commission in
1961reveals that some areas have been included in the Scheduled Areas while
other areas have not been included.
17. The State Government of Rajasthan had given five reasons in declaring
the above areas as Scheduled Areas. One reason relates to contiguity and is
understandable, other reasons such as; the people living in these areas are
ethnically, socially and culturally linked with the tribals living in the
Scheduled Areas; there is not much difference in social and economic
conditions existing in the two areas and their non-inclusion lead to
psychological tension and protection of the tribals regarding indebtedness,
forest rights, etc. cannot be afforded unless the areas are declared as Scheduled
Areas, cannot hold water. It is also not understood as to how Meenas stand on
an equal footing with Bhils, Garasias, Kathodi, Damore, etc. of Southern
Rajasthan as the latter group is a world apart in so far as their social and
economic conditions are concerned. Meenas who constitute more than 49%of
the tribal population of Rajasthan, are prosperous agricultural farmers and on
account of their social, educational advancement and economic upward
mobility have cornered major chunk of benefits in professional education and
civil services compared to other tribal communities of southern Rajasthan.
There is need for, a suitable affirmative policy within the overall policy of
reservation for the tribal communities of Rajasthan so as to ensure social
justice to all tribal groups including Meenas. However, we have asked the
Tribal Areas Development (TAD) Commissioner, Govt. of Rajasthan to let us
know what are the areas dominated by Bhils and Garasias in southern
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Rajasthan which deserve to be included in the Scheduled Areas. The
Commission also reiterated this view at the meeting with the Chief Secretary and
the Secretaries of the Rajasthan Government on 5th July, 2003 and it was
indicated by the State Government that the Commissioner, TAD was seized of
the matter.
18(i) The State Govt. of Rajasthan has proposed to the Ministry of Tribal
Affairs, Government of India for addition of ten more tehsils in the existing
Scheduled Areas of Rajasthan on 11.07.2002the details are as follows:-
TABLE-5
District
Tehsil
Population %ageof ST
Population
Total
ST
1
2 3 4 5
I UDAIPUR
1. Mavli
1,80,953 32,091
17.73
2. Girwa
4,39,131 59,114
13.46
~3. Vallabhanagar
1,59~424
37,834
19.35
4. Gogunda
1,22,578 51,490
42.0r
II RAJSAMAND
5. Kuinbelgarh
1,12,626 28,105
24.95
6. Nathdwara
1,94,470 39,666
20.39
III
7. Choti Sadri
99,523 31,420
31.37
CHITTORGARH
8. Badi Sadri 90,228 13,540
15.00
IVSIROHI
9. Pindwara 1,52,236 53,909
35.41
V PALl
10. Bali
3,29,265 55,178
16.73
Total I-V
19,16,864 4,02,347
20.98
VI Existing Scheduled and TSP Area
35,19,311 24,01,711
68.24
Total I-VI
54,36,175 28,04,058
51.58
18(ii). The Government of India, Ministry of Tribal Affairs had asked the State
Govt. on 29.08.2002to furnish a comprehensive proposal on a format indicating
MADA Pockets/Clusters, names of villages with Census Code, No. of ST
Population-Village-wise as per 1991 Census proposed for inclusion in the
existing list of Scheduled Areas on a format enclosed therewith for being placed
before the Second Scheduled Areas and Scheduled Tribes by the Ministry for
giving their recommendations. The enquiries made by the Commission from the
Ministry till date (22.09.2003)reveal that the State Government has not furnished
the requisite information so far. However, the State TAD Commissioner,
Udaipur has informed the Commission vide letter dt. 03.07.2003that the Tribal
Research Institute, Udaipur has been asked to undertake a socio-economic
7-29
survey of above mentioned 10 Tehsils as per the suggestion made by this
Commission and the Ministry of Tribal Affairs and submit a Report alongwith a
map of the proposed areas Jor inclusion in the list of existing scheduled areas. It
is understood that a survey has since been completed.
18(iii).Shahabad and Kishanganj tahsils (Baran district) which are contiguous
tahsils have a combined Seharia PTGpopulation of 32 percent. The Seharias are
under developed, with marked disparity in economic standard, land holdings
are uneconomic, representation in services and posts is abysmally low and their
female literacy in the 2 tahsils is 3.96 and 4.06 per cent respectively. These
tahsils, therefore, deserve to be included in the list of Scheduled Areas. Even the
Govt. of Rajasthan had suggested to the Dhebar Commission 1/ That in .
special cases a block with an even lower percentage might be considered" for.
addition to the list of Scheduled Areas. In this connection, it may also be
mentioned that the tribal population concentration of Scheduled Areas of
Singhbum and the Santhal Parganas (now in Jharkhand) 1/ is less than 40%and
yet it continues to be a part of Scheduled Areas. The Commission, therefore,
recommends that Shahabad and Kishanganj tahsils of Baran District may be
included in the list of Scheduled Areas of Rajasthan. The Govt. may submit a
suitable proposal on the prescribed lines to the Union Ministry of Tribal
Mfairs.
Land
Allotment of Agricultural land to STs
19. The total quantum of land declared surplus in Rajasthan as on 31.03.2002
was 6,11,096acres out of which 5,69,211acres was taken possession of by the
Government and only 4,61,847acres was distributed to 81,806beneficiaries out of
which the number of STbeneficiaries is 11,586(14%)getting 49,957(10%)acres of
land. The STs are also beneficiaries of Bhoodan land and Government waste
lands. Available information shows that as on 31.03.2002,out of 1.15lac acres of
total donated land, 1.14 lac acres was distributed amongst the landless.
Similarly, 0.93 lac acres of Government waste land was also distributed among
the landless for which separate figures are not available for STs. The
Commission recommends that the State Government shall maintain Tehsil-
wise separate figures of STs given surplus, Bhoodan and Government waste
land both in terms of beneficiaries and acreage of land distributed.
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Alienationof Tribal Lands
20(i). The framers of the Constitution had specifically provided under the 5th
Schedule to the Constitution to enable the State Governments to enact
regulations for the protection of STs in the Scheduled Areas. Dhebar
Commission had suggested that these special measures should be extended to
the STs living outside the Scheduled Areas. The State Government had framed
Rajasthan Tenancy Act, 1955(RTA)which made codification of the laws relating
to tenancies in the state. In 1956the Government modified the RTA, 1955 and
extended the provisions against alienation of land to both the Scheduled Castes
and STs and imposed restrictions on transfer of land by STs under Sections 42,
43, 46-A& 49A. Inspite of these statutory provisions, which have existed since
1956, transfers of land belonging to STs have taken place. Non-tribals adopted
various ingenious methods for validating transfer of land. Remedy against such
illegal transfers is provided uls 175 of the RTA, 1955 and both the tenant and
transferee are liable to ejectment from the land in violation of the statutory
provisions. However, in reality no follow up action has been taken up in terms
of these statutory provisions. In September 1975 RTA, 1955 was amended in
respect of usufructuary mortgages and the maximum permissible period of
usufructuary mortgage was reduced from 10to 5 years, after the expiry of which
land will revert to the original landholder, who would not make any payment
towards mortgage debt. In 1976, another important provision in respect of
usufructuary mortgage wa~ made by making the mortgagee on his failure to
restore land to the tribal, liable to imprisonment upto one year and a fine of
Rs.1,OOOI- or both. If the mortgagee does not surrender the land even after the
expiry of 5 years, the landholder has to go to a court of law to secure possession
which he is unable to do so because of his limited means and is thus deprived of
his land permanently. The relevant provisions in protective laws against land
alienation and related matters are given in Appendix - II.
20(ii). In *1961,Shri U.N. Dhebar called a conference of the Seharias under the
auspicies of Adimjati Sewak Sangh at Sita-badi in Shahabad and resolved that
Seharias would give up the practice of shifting cultivation and take to
agriculture as their main source of livelihood. The then Chief Minister
allotted 15 bighas of land for each Seharia family who decided to settle in the
villages. The land allotment made so liberally to the Seharias by the Government
was based on the land settlement of 1955. But the settlement records were
updated in 1964. According to the new settlement record most of the land
allotted to the Seharias was included as forest land in the records of the forest
department. This upset the rehabilitation scheme of Seharias.
* Pages 184-185 of the Report on survey of alienation of tribal land - 1987 Centre for Tribal
Development, MLV - Tribal Research & Training Institute, Udaipur.
'73-1
1JI
Statistics of land alienation
21. The State Government has not furnished complete information regarding
the alienation of tribal lands in the State. Partial information has been furnished
indicating that till September 2002 there were 84 cases with 111.98 hectares
pending under S-175of RTA, 1955 & 38 cases with 65.75acres under S-UJ3:-Bof
RTA,1955 in the Scheduled Areas. However, the Union Ministry of Rural
Development has informed the Commission that out of 651 cases of land
alienation involving 2,300acres of agricultural land, 53 cases involving 187acres
were rejected by the courts and 187cases involving 587acres were disposed of in
favour of the STs and restored to them till 31st March, 2002. 411 cases involving
1526acres were still pending with the courts. TAD Commissioner who is also
the Revenue Divisional Commissioner of Udaipur division should collect
information from all the districts in a systematic manner on land alienation
cases, analyze them and monitor the same for expeditious disposal of these
cases. At the same time, the State Government in the Revenue Department
should monitor the cases of land alienation, the restoration and actual
possession of land to the tribals and disposal of these cases on regular basis.
Modes of alienation of tribal lands
22. The Tribal Research Institute, Udaipur had undertaken a survey on the
subject in 1987 and Astha Sansthan, Udaipur made a study of tribal land
alienation in 1998. During the tours of the Committee and meetings held with
the voluntary agencies, tribal leaders and villagers, it was evident that the
alienation of the tribal land has been continuing inspite of the provisions of RTA,
1955. The Commission was informed that land alienation is taking place by
forceful occupation of tribal lands by non-tribals, leasing out land by the tribals,
mortgage of lands or sold (illegally) to non-tribals, acquisition of tribal lands by
Government for developmental projects like dams, roads, canals etc. and setting
up of public and private sector mining and industry. In addition, conversion of
tribal lands in rural or urban areas for residential or commercial purposes is
another method of alienation. We propose to deal with each of these methods in
the subsequent paragraphs.
Land grabbing by non-tribals and leasing out of land
23. The Tribal Research Institute has mentioned that "we have enough
evidence to show that there are several instances of land grabbing and
encroachment. The case studies conducted on the Seharias of Shahbad and
Kishangarh and Arnod of Pratapgarh (Chittorgarh) amply show that those who
have political influence and economic power tend to grab or encroach upon the
tribal land." Incidence of land grabbing was larger wherever the tribal land was
'732
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fertile. It was alleged that the land grabbers in collusion with the lower level
revenue officers are involved in the alienation of tribal lands. They approach
the tribal persons and inform them that their land papers are invalid and in
the process manage to transfer the land in revenue records to non-tribals .. At
times, if land of a tribal is forcibly occupied and the Court's decision is in
favour of a tribal and the land is restored to him, the trespasser again forcibly
occupies it. The Police fail to take action under Atrocities Act, 1989.
Sometimes the court cases are prolonged inspite of Section183-B & C that
illegal trespassers must be evicted by summary proceedings.
24. A case was brought to the notice of the Commission in which a tribal had
given land for share cropping to.a non-tribal. But at the time of settlement, the
land was registered in the name of the non-tribal. In fact, once a tribal gives his
land on share cropping basis to a non-tribal, the land is seldom restored to him.
Under RTA, 1955 the Tehsildar can hold camps to decide the land dispute cases.
It was informed that at a camp held a couple of years back in Chittorgarh district
by a Tehsildar, a number of land alienation cases were brought to his notice, but
so far no case has been decided. It is observed that very few alienation cases
are brought to the court because the tribals are not aware about the protection
available to them under RTA, 1955, the inability of the tribals to pay the fees
of the lawyers and withstand prolonged litigation in the courts of law. The
Commission recommends that the existing schemes for providing legal aid of
Rs.1,500/- and organizing judicial awareness camps have not made an
appreciable dent in the situation and needs change by enhancing the quantum
of legal aid to enable tribals to engage reputed lawyers to plead their cases in
the courts of law. At the same time, the law may be amended so that State is a
par1:yto all alienation case. The responsibility for organizing camps could be
entrusted to voluntary agencies that are conversant with the tenancy law and
other related laws etc.
25. The land holdings of tribal cultivations are small, which is evident from
the following table based on agricultural census for the year 1995-96.
District
Jaipur (& Dausa)
Banswara
Chittor
Rajsamand
Sirohi
Udaipur
2564 SA&ST/04-47A
Number of Number
Average
District
Farm
of No.of
Average
Families
Hectares Ha. Ha.
20,342
9,923
0.49 2.75
58,094
27,883
0.48 1.71
19,066
10,538
0.55 1.90
6,303
2,857
0.45 1.31
8,188
4,265
0.52 1.80
68,828
32,907
0.48 1.49
J3~
'II
26. We have elsewhere in the report emphasized that assured means of
irrigation should be provided to the tribal cultivators so that even with their
small holdings they can make their both ends meet.
Tribal land mortgaged or sold to non-tribals
27. Many cases of tribal lands sold to the non-tribals were brought to the
attention of the Commission in violation .of Rajasthan Tenancy Act, 1955. The
fact that land revenue officers are able to record these sales indicate that there is
no check by senior officers and Patwari is able to make changes in the revenue
records. RTA, 1955, provides that action is to be taken against revenue
department employees who are a party to the illegal occupation of tribal lands.
In fact the SC/ ST(POA) Act, 1989also says the same thing. But nothing seems
to have been done to give effect to these provisions. Among the non-tribals who
have illegally purchased land, we were told that a number of non-tribals have set
up shops/hotels in Abu Road town but the district revenue officials have taken
no effective/ deterrent-steps against them. A tribal when he is in need of money
urgently in the absence of alternative consumption loan, is compelled to
mortgage his land and at times puts his thumb print on the blank stamp paper
and when he is not able to repay the amount, the land passes out of his hand and
the revenue officials without following the RTA, 1955 register the land in the
name of the non-tribal.
28. A large number of tribals are being rendered destitute due to grabbing of
their agricultural land by the non-tribal institutions, like hotels, public schools
and social institutions. The Commission recommends that the State
Government should set up booths for allotment to the tribals at Abu Road
which is a gateway to Mount Abu, an internationally acclaimed tourist
destination and at other vintage places visited by tourists. Such tribal allottees
should be financially assisted by the State Government through the Rajasthan
Scheduled Castes & STs Finance and Development Corporation for economic
advancement of STs. A suitable package of programmes should be prepared
by the State Government for the purpose. In this connection, the Commission
found that Andhra Pradesh Government has been implementing with success
a scheme for tribals in the Araku Valley for construction of tribal huts for
hiring out to tourists.
'734
2564 SA&ST/04-47B
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Acquisition of Land
29. Under the Land Acquisition Act, 1984,the Govt. of Rajasthan has acquired
land for developmental projects like dams, roads, canals, etc., and setting up of
public and private mining and industries. In the Banswara Distt., the Mahi Bajaj
Sagar Dam Project, the Kadana Dam Project in the. districts of Dungarpur &
Banswara and the Sagra Dam in the district Sirohi have displaced a large number
of tribal families with inadequate relief and rehabilitation package for the
oustees.
30. The Mahi BajajSagar Dam' submerged 13,683hectares out of which 7,500
hectares were cultivable land. 98 villages were affected out of which 21 were
fully. submerged and the Femaining 77 were partially submerged. The total
number of families affected due to the submersion, was 6,979 out of which 5,321
(76.25%)were tribal. About 5,060families were holding land as khatedars, out of
which 3,842were STs. The Dams submerged about 4,800houses, 1,345wells and
about 1,86,643trees. The Kadana Dam Project was completed in 1977. The Dam
at Kadana lies in Panchmahal district of Gujarat, 25kms. from the nearest border
village in Rajasthan. 132 villages of Sagwara tehsil of Dungarpur district, and
Bagidora and Gerhi tehsils of Banswara district were affected. 5,940 tribal
families were affected out of which 3,267 were totally displaced. Cash
compensation was paid to the oustees for their property, land and houses. It was
informed that some of the oustees of Kadana Dam did not receive any
compensation. Some of them were given plot of land in other villages which was
already occupied by others and they, therefore, returned to their own homestead
area and occupied hilltop land by the new lake made by the Dam. Regardless of
the average size land owned by the displaced tribal, he was not given more than
4 bighas.
31. Sagra Bandh was built in 1988 in Panchyat Samiti Abu Road district
Sirohi. Land and houses of 20 Garasia families were submerged. They were
given Rs. 500 per bigha and between Rs. 500 and 1000for their housE.Sand no
compensation was given for ,he well. These tribal families are living on the steep
hill side besides the Dam. A canal was built from the Sagra Dam and all the
families who lost their land were not paid any compensation.
32. It .was also brought to the notice of the Commission that tribals from
Banswara had been displaced due to the construction of Mahi Dam and were
settled in Chittor district in Sita Mata Game Sanctuary, Pratapgarh and now are
to be displaced again because the Sanctuary is being converted into National
Park. Most of the oustees have migrated to work as labourers in Gujarat. The
tribals informed the Commission that the water of Kadana Dam was planned for
the use of residents of Gujarat, but no arrangements were made for providing
irrigation facilities to the local tribals of Rajasthan. The Commission
11
recommends that the oustees of Kadama Dam should be provided water for
irrigation and the compensation must be given to the oustees who have not
been paid any compensation. Land for land must be the corner stone of
rehabilitation of all dam oustees. The consent of tribals must be obtained
before land is acquired and relief and rehabilitation package should be drawn
up in consultation and to satisfaction of the affected tribal families.
Mining
33. Rajasthan is rich in lime, marble, zinc, rock phosphate, gypsum, etc.
Mining leases are controlled by the Govt. of Rajasthan. The Govt. of Rajasthan
has in a circular dated 25.09.99 directed that before grant of mining lease,
prospective licences and quarry licences for minerals in the scheduled areas and
also before grant of any mineral concession for minor minerals by auction, the
consent of Gram Sabha or Panchayat Raj Institution under clauses (i)U)of section
3 of the Rajasthan Panchayati Raj Act 1999must be obtained.
34. Under the Land Acquisition Act, the ,Govt. of Rajasthan acquires the land
and then passes it on to the non-tribal holders of the mining lease. The
Commission observed that the tribals in Rajasthan live close to the mines, but
licenses for lease of mines were being given to influential non-tribals. In the
Scheduled Areas, which the Commission visited from 27th to 31st May, 2003the
Commission found the same position. In the tours to Jodhpur, Barmer and
Jaisalmer districts of Rajasthan in February, 2003it was complained by a number
of tribals that their ancestors were once masters of the soil close to the mines, but
with the grant of lease of mining to non-tribals, they had become hapless and
refugees on their own land and were forced to work as daily labourers in the
mines on paltry wages. The Commission highlighted this point during its
meeting on 5th July, 03with the officers of the State Government that the interests
of tribals have been adversely affected by grant of mining leases to non-tribals.
The Chief Secretary, Government of Rajasthan, informed the Commission that
the State Government was aware of Samatha judgment in its application to the
Scheduled Areas and has in pursuance of the directions of the Supreme Court
banned grant of mining leases as well as transfer of existing leases in the
Scheduled Areas for masonry stone. It was however, learnt that the ban on
mining was imposed only after extending the leases for 20 years in favour of the
non-STs, a point not disputed by the State Government. The Commission
recommends that there is an urgent need for grant of licenses for lease of
mining minerals to STs. The Rajasthan SCs and STs Tribes Finance &
Development Corporation should grant financial assistance at easy rate of
interest to such of the tribals who are keen to avail the facility of leasing of
mining minerals in the Scheduled and tribal areas. Some cases brought to the
notice of the Commission related to illegal purchase of tribal land by non-tribals
for taking out marble. In some cases, a tribal is brought into a partnership by a
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non-tribal who invests his capital and develops the mine. The tribal partner is
not compensated for the land and gets only a paltry share of the profit that mine
owner makes. The Commission recommends that the tribals should get annual
fees from the lease holders as part of compensation for the loss of his land and
when the mineral deposit has been exhausted, the land should be reclaimed
environmentally/restored and returned to the former tribal owner.
35. Urban and rural developers for residential and commercial purposes:
The Rajasthan Land Revenue Allotment, Conversion and Regularization
of Agriculture Land for Residential and Commercial purposes in Urban Areas
Rules,1981 and the Rajasthan Land Revenue Conversion of Agriculture Land
for Non-Agricultural purpose in Rural Areas Rules, 1992make it legally possible
for land owners to convert their agricultural land, and if so desire to sell it to a
third party. A judgment in the case of Jagannath V. State of Rajasthan and
others, reported in the Rajasthan Revenue Decisions 1985(page 482) has stated
there are no restrictions on a tribal, who himself has converted his land for
urban residential or commercial purposes from selling it to a non-tribal. These
two Rules have nullified the protection for tribal land from alienation, laid
down in Rajasthan Tenancy Act, 1955. A lot of tribal lands have passed out of
ST lands without adequate compensation received by them. The Commission
recommends that the State Government must take, urgent steps to ensure that
compulsory counselling of the' tribal land seller by a reputed non-official
organization should be started at the Registrars' office so that the tribals
become aware of the implications of accepting money for the sale of land.
Irdgation
36. Most of the Scheduled Areas have undulating topography with streams
and rivers. Water plays a vital role in agricultural development and sustains
human life. Rainfall is the only source of water and is confined as (i) soil
moisture, (ii) stored water in surface, (iii) storage like ponds, (iv) open wells etc.
and, (v) ground water in sub-surface. Most of the rainfall is received during the
months of July-September as runoff and creates gullies that later merge with
nallas and streams. The excessive harnessing of ground water resources for
irrigation and drinking water purposes has lowered down the water level.
Common lands are degraded and vegetation cover is reduced drastically. There
is low productivity of arable and non-arable,lands. Horticulture is insignificant.
The quality of milch is poor. Watershed development is the only answer to
provide assured means of irrigation for the tribals.
B
Watershed Development and Soil Conservation
37. In the past, implementation of soil conservation works were done in a
scattered manner and treated only on the arable lands. As a result, the non-
arable lands in the upper reaches of the catchments were not treated, resulting in
soil erosion and runoff. The Government of Rajasthan under the Government of
India scheme of watershed development and soil erosion took up the work in the
district of Banswara. A study of 37 micro watershed programmes undertaken by
Progress Organization, Banswara, (NGO) has revealed encotiraging results.
Water availability span has increased from December-January to March-April in
most of the watersheds due to increased number of water harvesting structures,
about 20%rise in fodder availability has been registered in the first year itself
from wastelands developed under watershed, number of water sources per
micro watershed has increased from 3 to 37 on an average level, more farmers
are shifting from cultivation of coarse grains to commercial crops, water levels in
wells down-stream water harvesting structure has raised 2-3 feet, resulting in
increased number of wells under irrigation, significant rise in livestock and
productivity and the reduction of dependency over moneylenders in most of the
watersheds and number of wells increased sharply in watersheds from 306to 616
in the span of 4 years.
38. The main feature of the success of the watershed development was
management of common property resources by an elected user committee. The
works were executed through a committee of the beneficiaries who are elected in
general meeting of the village community and responsible for finding solution of
the problems through interaction with the Government officials. The
Commission recommends that additional funds should be provided to cover
the remaining areas with watershed that needs further treatment. It is also
necessary that a social mobilizer along with an agriculturist or forester should
be attached to each watershed to guide the farmers in taking up improved
methods of agricultural products and social forestry schemes.
Lift Irrigation
39. Lift Irrigation (LI) is another important method of utilizing surface water
resources in undulating topography in Banswara district of Rajasthan. It was
found that the success rate of all the schemes conducted by Satguru Water and
Development Foundation, an NGO has almost been 100%, whereas out of 193
schemes financed by Government from various sources, 111 schemes were not
functioning. A study conducted by an NGO in Banswara district of Govt.
financed LI schemes has revealed that the main reasons were de-energisation of
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pumpsets due to non-payment of electricity charges, technical problems such as
burning of motors, and breaking down of pipelines, mismanagement, conflicts
among water users, insensitivity of the officials of the "Rajasthan Vidyut Vitran
Nigam Limited" to power-related problems and the lack of necessary monitoring
and follow-up by the District Rural Development Agency (DRDA)for the closure
of LI Schemes.
40. Pipalkhoont Panchayat Samiti in Banswara district has immense
possibilities of construction of anicuts to provide irrigation through LI as well as
raising the level of water in the wells. It was heartening to note that Rajasthan
Vanvasi Kalyan Parishad had constructed two anicuts and installed diesel
pumps alongwithprovision for carrying the water through a pipe with
distributory system at a much lesser cost than that sanctioned by the
Government of India. In order to stop the migration of the tribals from the
Pipalkhoont Panchayat Samiti during lean period, there is a scope of
constructing at least five anicuts in a series to be constructed on Arav river in
the Panchayat Samiti al}d deepening of wells so that the tribals can irrigate
their lands, raise grass for their cattle, grow fruits and vegetables and
undertake social forestry schemes. The Commission recommends that the
State Government should entrust the construction of LI schemes to reputed
voluntary organizations so that the tribals can get benefit of these
programmes.
Diesel Pumps
41. 'Earlier the tribal farmers in a group of 3-5 were provided a diesel pump
free of cost w.e.f. 1986-87. Such a pump set would normally cost around
Rs.18,OOO/-. Thedepartment has modified the scheme from Ma.rch2000ana the
pump sets are now given to individual farmers who were given a subsidy of
Rs.6,OOO / - provided they owned a well. A poor marginal tribal farmer cannot
shell out money on his own to buy a pump set. In the earlier scheme, even those
who had no well of their own could join a group of two or three tribals with a
well and get the benefit of irrigation for their land. The subsidy amount of all the
farmers in a group could cover the price of a pump set without compelling
individual farmer to buy it. The State Govt. should review their scheme with a
view to help a group of tribals with marginal holdings to enable them to
purchase a diesel pump jointly.
Drip Irrigation
42. In the wake of deficient rainfalls in the past several years and lowest
reservoir levels in the tribal sub-Plan area of Rajasthan, there is need for using
drip irrigation. In Banswara and Dungarpur districts, an NGO-Gram Vikas
Trust has innovated an improvised mode of drip irrigation for tribal areas. The
model is workable for 240 square meters in which 120-150 plants of any
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vegetable with broader spacing viz. 45 x 45 em. & 60 x 60 em. can be grown using
150 drippers, 120 meter .rubber pipe (16 mm diameter) and drum (200 liter
capacity) and valve assembly. This model was supplied to 125 tribal households
of Banswara project area in the last two years at the rate of Rs.1,500j - per unit
with subsidy of Rs.sOOj- from 'Tribal Welfare Foundation' (An NGO based at
Ahmedabad). In one season especially in summer, farmers are harvesting 5 -10
quintals of vegetables and earning Rs.5,OOO- 10,000 per season by selling the
produce in the local market. Apart from this, irrigation has also been introduced
in 10 orchards in different villages with some modifications ensuring the survival
rates up to 80 per cent in the aforesaid district. The Commission recommends
that drip irrigation should be encouraged in other Scheduled Area districts
also as it would go a long way in generation of incremental income of tribal
marginal farmers and efficient utilization of scarce water resources.
Forest
43. The tribals living within forest as well as in the vicinity of forest for
generations, have a symbiotic relationship with the forests as they have been
dependent on minor forest produce for their subsistence as well. as fuel and
timber used by them. The enforcement of the National Forest (Conservation)
Act, 1980 has caused hardship to the tribals as no development activity could be
undertaken in the tribal areas without the concurrence of the Union Ministry of
Environment and Forests. Even the tribals who have been living in the forests
and cultivating land for agriculture for generations, do not have any formal title
to land and therefore without regularization, they may be evicted. There have
been agitations by the tribals as well as the voluntary organizations working il1
the tribal areas for giving titles to land to the tribals who have been cultivating
land for generations. Therefore, the Govt. of India has requested the State
Governments to ascertain the position of tribals who have been cultivating the
forest land prior to July 1980, without land deeds before coming into effect of the
National Forest (Conservation) Act.
44. The Rajasthan Govt. has like other State Governments taken the following
decisions for regularization of encroachments of forest land prior to 1.7.1980:
1. The encroacher should be landless and native of tribal areas.
2. The encroachment is prior to 1.7.1980.
3. The encroacher should be in possession of land prior to the issuing of the
State order, and his possession is continuous over the forest land.
4. Initiation of proceedings against encroacher, under Rajasthan Forest Act
1953, prior to 1.7.1980.
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45. As a follow-up to the above decisions, the State Govt. has worked out a
strategy for implementing the decisions which are given below:
(i) Encroachment prior to 1.7.1980, should be verified by First Offence Report
(FOR) of forest department by studying different documents.
(ii) In the absence of latest records for possession, if encroacher files an
application that encroachment is prior to 1.7.1980 in that case, his possession
can be regularized by oral evidence on the land like - wells, houses, 'pucca
dhore', medbani, and other land improvement works, which were done prior to
1980, or he has taken loan from cooperative society for such constructions, seeds
and fertilizers.
46. The State Govt. has also' co'nstituted a Co'mmittee at a tehsillevel to' ensure
that the case is prior to 1.7.1980. The composition of the Committee is (a) M.L.A
of the area; (b) Pradhan of Panchayat Samiti; (c) Assistant Conservator of the
Forest (Convenor); (d) TehsildarjNayab Tehsildar; (e) Regional Forest Officer;
and (f) Sarpanch of concerned Gram Panchayat.
47. The above mentioned Committee consists of 6 Members and has among
others the Pradhan of the Gram Samiti and the Sarpanch of the concerned Gram
Panchayat. This Committee shall make a district-wise list of all the
encroachments that are eligible for regularization and submit a report to the
Divisional Forest Officer who will in turn send the cases further to the Principal
Conservator of Forest through District Collector and Conservator of Forest for
obtaining permission fro'm the Govt. of India as required under the National
Forest (Conservation) Act 1980. The State Govt. had also stipulated, vide their
letter dt. 7.2.1996, addressed to the Convenor "Jangle, ]amin, Jan Andolen" that the
regularization of encroachments would be based on the physical co'nditio'ns and
advice of the Gram Sabha.
48. Consequently, the State Govt. has identified 9,455 cases out of which 5,466
cases involving 3,699 hectares of land were forwarded to the Govt. of Rajasthan
and the balance 3960 cases were rejected by the aforesaid committee. The
district-wise details of the cases are given hereunder:-
II
Table
49.' REGULARISATION OF PRE-1980 ENCROACHMENTS ON FOREST
LAND
S.No
Names of Claims
Eligible Encroachers (ST) Ineligible
Districts
Received
Encroachers (ST)
No.
Area (in Ha.)
No. Area
(in Ha.) 1
2 34 5 6 7
1
Chittorgarh
1581
868
764.2270 713 NA
2
Dungarpur
1344
766
422.8018 578
---
j
uaalpur
2921
1379
1396.8462 1513
---
4
Banswara
3254
2340
974.6700 914
---
5
Rajsamand
43
2
0.617141
---
6
Sirohi
201
0 ------
201
---
7
Baran
107
107
133.4502
,
-----
---
8
Pali
4
4
.2593
-----
---
Total
9455
5466
3699.8716 3960
---
50. 5,466 recommended cases were sent to Govt. of India for regularization.
The Govt. of India sent a team of officers from the Regional Office, Lucknow for
an "on the spot" verification. The Committee of Regional Office submitted the
inspection note on 5.11.98. The State Govt. have submitted interim reply on
23.8.99 and the matter was also discussed with the officers of the Union Ministry
of Environment and Forests, who desired information on the following three
points:
1. Certificate from Chief Secretary to the effect that no more proposals of
encroachment prior to 1.7.80 are pending for regularization.
2. The Division wise reconciliation of number of encroachments and area
encroached as well as submission of comments on inspection note of Chief
Conservator of Forests (Centre).
3. Regarding Pratapgarh and Chittorgarh division, a certificate to the effect
that the encroachments are outside the forest area of Sanctuaries and National
Parks.
51 (a). The State Govt. has since complied with the information required by the
Govt. of India in so far as point No.1 is concerned. As regards points 2 & 3
above, the information has not so far been furnished by the State Govt. to the
Union Ministry of Environment and Forests for want of which the clearance from
the Govt. of India is still awaited.
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51 (b). The Astha Sansthan, Udaipur had conducted a study in all the Scheduled
Areas districts and non-Scheduled Areas of Udaipur, Chittorgarh, Rajasmand,
Sirohi and Pali covering 18 Tahsils. The study revealed that there were 17,756
encroachers out of which the claims of 15,763 had been clearly identified. The
table indicating the details of pre-1980 tribal forest encroachers district-wise is
placed at Appendix III. The Commission suggests that the State Govt. should
examine each of these cases.
52. The Rajasthan Tribal Area Development Cooperative Federation is the
sole agency of purchase ahd sale of Minor Forest Produce (MFP). The tribals are
allowed to collect the MFP from forest areas and the royalty on collection of such
MFP is also exempted since 1.4.1992.MFP has been extended since 1992. Tendu
Patta is a nationalized commodity, its collection and trade is being done by State
Govt. as per Rajasthan Tendu Patta Leaves (Regulation of Trade) Act, 1974.
Under Rajasthan Panchayati Raj (Modific~tion of provisions in their application
to the Scheduled Areas) Act, 1999, the Govt. has still to frame rules to endow the
Panchayat/Gram Sabha with the ownership of MFP. The Commission
recommends that the rules under the Panchayati Raj Act, 1999 should be
framed by the State Govt.
Fisheries Programme
53. State Government has allotted Jaisamand, Mahi Bajaj Sagar and Kadana
Backwater reservoirs to Rajasthan Tribal Areas Development Cooperative
Federation (RTADCF) for upliftment of tribals on co-operative pattern through
fishing. Tribals residing in the vicinity of these reservoirs are identified, grouped
into cooperative societies, imparted training, provided nets and boats for fishing.
Rajyasangh takes sole responsibility to market the fish produced by the
cooperative societies. Tribal cooperative societies are paid catching charges as
per the quality of fish. The catching rates paid to the societies are reported to be
the highest rate paid any where in India. Fish production for the last 5 years and
catching charges paid to the societies are given at Appendix IV (a) & (b).
54. Due to insufficient rains in the catchment areas of these reservoirs, the
water level has been reducing during the last few years. This has adversely
affected the natural recoupment and growth of fish. Kadana Dam water does not
have adequate capacity to last for 2-3 years which adversely affects fishing. For
integrated development of fishing programme, the Rajyasangh is engaged in
infrastructure development, assistance for boats & nets, .training, organization of
fisheries co-operative societies, fish seeds and welfare of the members of fisheries
cooperative societies.
11
55. The Commission met the members of the Fisheries Cooperative Society
Rajsamand lake on 30th July 2003. This lake covers 7,400hectares of land. This
Society is one of the 33 such societies which was established in 1979 with
membership of 110 belonging to Bhil & Mina (ST) communities. The members
are able to supplement their income through sale of fish and therefore, it acts as a
food security to them as well. During the last year the society was able to make a
profit of Rs.5.90lacs out of which 50%was distributed to members by cheque
and the rest was utilized towards the common' welfare of members. This could
be possible despite water scarcity in the catchments area.
56. The women members have constituted themselves into a Self Help Group
(SHG) consisting of 78 persons. They have taken loans from"the society which
they want to repay in easy instalments. They are sending their wards to the
Rajiv Gandhi Pathshala, where each child is given mid-day meal in the form of
Ghugri. The SHG, has been able to wean away their male counterparts from"
addiction to liquor and restored a semblance of sanity and peace in their families
and so the money saved is utilized for the family. There is a provision for
construction of 160houses, 4 community centers and 4 hand-pumps covering the
3 societies out of a centrally sponsored fund of Rs.72.20lacs. The members are
given food grains at concessional rates. The Commission recommends that
the State Government should consider their request of rescheduling the period
of repayment in order to mitigate their grievance.
57. An NGO - Jagaran is working in the area with a view to creating
awareness among the tribals. The Commission recommends that the tribal area
development department should ensure that parents of the tribal children at
the primary stage are encouraged to enroll their children at the middle level
classes through incentives like timely supply of free stationary, text books,
grant of pocket allowances to students and scholarships. This will contribute
to retention of the tribal students at middle and secondary stages and, reduce
the drop out percentage, which is presently as high as 80-85% in the Scheduled
districts.
58. Recently the Union Ministry of Tribal Affairs has issued the revised
guidelines for release of SCA for Sub-plan schemes. Unfortunately, there is
no mention of fisheries development programme in the revised guidelines
unlike in the past. The Union Ministry of Tribal Affairs should look into the
matter for suitable remedial action as grant of SeA goes a long way in reviving
the sagging economy of tribals.
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Reservation for STs in services and employment opportunities
59. Due to persistent neglect for centuries, the STs particularly living in the
Scheduled Areas have practically no say in the administration due to their
negligible presence in Government posts and services. This was well realized by
the framers of the Constitution and accordingly suitable provisions were made
for providing reservations in posts and services for the STsunder Articles 16(4),
16(4A), 16(4B)& 335. Despite that, the position has not improved much. The
STs are still under represented in various posts and services in the State
services in general and in the Scheduled Area districts. This is pne of the main
reasons why the Tribal sub-Plan strategy which commenced from the Fifth
Five Year Plan period has not made the desirable impact on tlte lives of the
tribals. The STs in the Scheduled Area are still under-repr~sented in the
senior posts, have very little say in the administration for a faster and
qualitative socio-economic development of their community.
60.' The State Government had issued orders on 22nd March, 1995 for
providing reservation within reservation for the STs by earmarking 45% of the
posts in various grades in the Forest Deptt. for Forest Guards, Police Constables
in the Police Deptt. Group.,.DJobs, Drivers, LDCs and 5%for Assistant Teachers
posted in the Scheduled Areas and rest 50% posts may.,be filled up from
candidates belonging to other classes. Thus, it would be clear that almost 50%of
the reservation quota out of the 12%earmarked for STswould be filled up by the
ST candidates in the Scheduled and Tribal sub-Plan areas in respect of posts
indicated above.
61(i). Coverage of this order was further increased to direct recruitment of the
posts of female Health Workers (ANM& MPW), Ward boy of Medical & Health
Deptt., Veterinary Assistant of Veterinary Deptt., Compounder and Senior Grade
Nurse of Ayurvedic Deptt and PTI Grade-III of Education Deptt. vide State
Government Order dated 07.11.1996. The Government issued another Order on
11.03.1998to reserve all the posts coming in the pay scale of 1-6 and Gram
Sevak/Group Secretary (pay scale -7) of the Development and Panchayati Raj
Deptt.
61 (ii) The State Government has issued instructions for 12%~reservation in all
posts and services under their control. The Tribes Advisory Council has
recommended that out of the 12%posts 5%should be filled by Scheduled Tribes
belonging to the Scheduled Areas and that in case of admission to educational
institutions, the same policy should be extended. The Commission re<;ommends
that this suggestion of the Tribes Advisory Council should be accepted by the
State Government and put into practice.
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62. The representation of STs in the State services is quite heart rending even
now. At the meeting of the Commission with the Chief Secretary and other
Departmental Heads held at the Rajasthan Sachivalya on July 5, 2003, the
Commission was informed that there was still a backlog of 58,000vacancies
out of total staff strength of 6 lakh State Government employees under various
grades to be filled by SC and ST candidates. The Chief Secretary, Govt. of
Rajasthan indicated that the State Government was actively considering a
proposal to approach the Government of India to include orders on reservation
for posts & services in the Scheduled Areas under Ninth Schedule of the
Constitution to make their application non-juridical. The Commission
recommends that all non-gazetted posts in the Scheduled Areas should be
reserved for local ST persons by the State Govt. invoking the powers of the
Governor under the Fifth Schedule.
63. Employment of STs In Private Sector: Due to financial crunch on the
part of the State Government and its inability to raise financial resources to meet
the demands from various development departments and law and order
problems, the increase in Govt. posts is very small. Therefore, there is a demand
that the private sector should provide reservation for weaker sections that
includes SIs also with a view to empowering them. The Commission strongly
feels that this demand needs to be considered so that the interests of ST
candidates are not adversely affected on account of the shrinkage of
government jobs!.
Working of Rashtriya Sam Vikas Yojana (RSVY) In Banswara and
Dungarpur districts of Rajasthan
64. RSVYis a new initiative in the 10th plan period envisaged by the Planning
Commission to be taken up in 25 districts in India, of which Banswara and
Dungarpur districts have also been short listed. Its primary objective is to address
the problems of pockets of acute poverty, low growth and poor governance in the
country by putting in motion programmes and policies to obviate barriers to
growth and accelerate the developmental tempo. Rs. 15 crores each will be made
available to each of the districts by the Planning Commission for the first three
years of 10th Plan Period, annually. The tribals is Banswara and Dungarpur
districts constitute more than 51 per cent of the population and BPL families
comprise 71.32 per cent and 74 per cent respectively. The main focus of the
programme is to improve the agricultural production and wage levels of tribals
leading to reduction of poverty.
65. Agriculture IS the mainstay in these two tribal districts. Small-scale
structures of water harvesting have great potential in meeting the challenges of
chronic famines which are like, check dams, lift irrigation schemes, percolation
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tanks, renovation of ponds, wells and bauris built through voluntary
organisations. These programmes, when implemented, will directly benefit BPL
families by providing employment and ensuring assured irrigation facilities.
Construction of minor irrigation networks will increase foodgrains and fodder
for cattle, augment milk production for which the districts are presently heavily
dependent on Gujarat State and can create additional employment opportunities
and income to the BPLfamilies.
66. Administrative Arrangements: The funds under the scheme are to be
transferred to a separate account in the DRDA. The DRDA would identify
Project Facilitation Team (PFT) consisting of an NGO, Expert, Civil/ Agro
Engineer, Social Scientist and Forestry Horticulturists. The State Government
after detailed discussion with the Planning Commission and approval of the
proposal by the Empowered Committee of the Planning Commission last year is
still awaiting approval and transfer of resources for implementing the scheme.
The Commission after going through the matter makes the following
observations/recommendations:
67(i) Banswara and Dungarpur districts are the backbone of scheduled and
tribal sub-plan area and the officer who is concerned with the implementation
of strategy of Tribal Sub-Plan in that area i.e. the Commissioner, Tribal Area
Development Department at Udaipur and his Project Officers of ITDPs do not
seem to have been consulted in the formulation of the scheme. (ii) This
Commission welcomes the association of NGOs like" N.M. Sadguru
Foundation in the PFT, but there are several other Rajasthan based voluntary
agencies engaged in tribal development working, particularly in the field of
construction of anicuts, educational development and character building, etc.
The Vanvasi Kalyan Parishad, Gram Vikas Trust and similar other Scheduled
Area based motivated voluntary organisations should also be co-opted in the
PFT to accelerate the pace of development and (Hi) The resources made
available by the Irrigation Department under the sub-Plan strategy and TAD
Department under the SCA should be put together for maximization of
economic benefits to the tribal-BPL families.
68. The Commission recommends that interface of Gram Sabha as per
PESA Act and RSVY can take place only after the enforcement of the rules
under the State PESAAct 1999which should be expedited.
69. The Commission recommends that provision of safe drinking water in
these two districts should form an integral part of the RSVY and not in a
passing manner as envisaged in the scheme. In this connection, some tribal
area based organisations like Tribal Development Council, Dungarpur and
Vanvasi Kalyan Parishad, Kotra have also desired that the RSVY should
provide adequate drinking water in these two districts. The Commission also
11
suggests that traditional water sources like wells and bauris built out of native
wisdom should also be desilted for augmenting water supply.
70. Villages in the tribal belt not having access to safe drinking-water due
to large fluoride content in the ground water should' also be covered by the
RSVY.
71. Many thrust area schemes like primary schools; primary health centres,
sub-centres etc. are without proper buildings. The staff treats posting in these
districts as punishment as no residential accommodation facility is available
for them. There is also need to undertake repair of ramshackle school
buildings and health centres and dispensaries out of these funds. The
handpumps and bore wells, which have dried up, would also require deep
boring through the RSVYfunds.
Pradhan Mantri Gram Sarak Yojna
72. Pradhan Mantri Gram Sadak Yojana (PMGSY),a 100%centrally sponsored
scheme was launched on 25th December, 2000 to provide connectivity to all
unconnected habitations (around 1.60lakhs in India) with all weather roads. As
per the guidelines all unconnected habitations with the population of 500
persons or more are to be taken up for providing connectivity under the Tenth
Five Year Plan at a total cost of Rs. 60,0001- crores. A basic feature of the scheme
is that the roads are to be built as per the rural roads manual published by the
Indian Roads Congress, which provides for construction of quality roads under
the District Monitoring and Vigilance Committees. The responsibility for
maintenance of roads is of State Government. The scheme envisages
performance guarantee for 5 years by the contractor; thereafter the roads may be
transferred to the Panchayati Raj Institution for maintenance.
73. (a) The Commission during visit to Abu Road was informed that they
had proposed to connect 10 villages with the main roads and that the work on 3
incomplete roads under the PMGSYwas stopped. The reason for stopping the
construction of roads is not known. Work for constructing link roads sanctioned
before 1997-98has not been taken up. It was reported that 39 villages did not
have motorable roads. Work was reportedly under progress in Akal Rajat village
while other roads under the scheme have been left incomplete by the contractor
due to want of payment by the State Public Works Department. The
Commission recommends that the PWD should complete the construction of
Pradhan Mantri Gram Sadak Yojna in the first instance.
'74&
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(b) It was stated that the roads in the Abu Road (Sirohi) area and Kotra Tehsil.
under PMGSY were being taken for the tribal villages with the minimum
population of 1,000 persons. Dungarpur district has 348 villages with a
population of 1,000 and above as per 2001 census- projected out qf which 304
villages have been connected by BTroad and 17 villages have BTmetalled roads
while the remaining 27 villages are proposed to be taken up under the PMGSY.
The State Public Works Department has prepared a proposal costing Rs. 10.42
crores to connect these villages involving 86.82kilometers for which sanction has
since been received from the State Government. The work is likely to be
completed by March, 2004.
(c) The Ministry of Rural Development has intimated that the number of rural
habitations with population of 250-499is nil in Rajasthan. The Commission
observed that the tribals living in the scheduled areas are scattered over a large
expanse in dhanis and the population may be even less than 250.
74. The guidelines issued by the Ministry of Rural Development provide that
villages with upto 500 population should also be covered under PMGSY. It is,
therefore, desirable that the State Govt. should first cover the tribal areas by
relaxed norms of 250-499population, which will take care of tribal villages
consisting of hamlets which should be taken up on a priority basis. This
would provide much needed connectivity of community facilities like schools,
health centres, hostels, post offices, police-stations etc. This would ensure
faster socio-economic development of STs which is the basic aim of the tribal
sub-Plan strategy.
Rural Electrification
75. Out of 4,360villages of the tribal sub-plan area of Rajasthan 4,064villages
have been electrified till March 2003, giving electrification percentage of 91.59,
leaving only 296 villages that 'nearly constitute 8.41%, which need to be
electrified according to the Ajmer Vidyut Vitran Nigam Limited. This is against
the state level electrification of 95.8%. Even though' the percentage of
achievement of the tribal sub-plan area at 91.59% against the state level
achievement of 95.8% appears to be good, but the ground realities are quite
different. According to the Electricity Board, a village is considered to be
electrified if an electric pole reaches the central point of a village. The tribals live
in hamlets (Dhanis), which are scattered, on a much larger expanse than a non-
tribal village in the plains.
76(i). The Commission came across many complaints in Barmer and Jaisalmer
districts inhabited by scattered tribals as well as in Abu Road (Sirohi), Kotra
(Udaipur), Dungarpur and Banswara districts where the voluntary organizations
2564 SA&ST/04--48A
11
working amongst the tribals as well as tribal leaders complained that
electrification of their houses was still a far cry. Only 207 out of 304 villages of
Kotra Panchayat Samiti have been electrified by providing electric connection to
nearly 1,600trib_allamilies. At the time of the Commission's visit to Kotra, the
proposal for electrification of 97 tribal household was still pending with the
Nigam. The Commission came across the case in Kotra Panchayat Samiti where
due to cable theft the entire tribal village was left high & dry in darkness. But the
Vidyut Nigam is still showing the village as electrified. Strangely, the Sabha Ghar
of the Panchayat Samiti, Kotra, which is a part of the Scheduled Area is without
an electric connection.
76(ii). The Commission was informed at Kotra on 28.05.2003that upon the visit
of the President of India to Bakaria village (Kotra Tehsil) on 22/12/2002 an
electric pole was installed and a DP provided to give electricity to the village.
But as soon as the function was over, the DP was removed and the poor tribal
villagers again reverted to darkness and status quo still remained till the
Commission left Kotra on 28/05/2003 for the tour to Udaipur. The fact of the
matter is that the Vidyut Nigam norms lay down that the contribution of
Rs.1500/- has to be made for providing a DP, which the tribals under the stress
of famine and poverty are unable to pay.
77. Dungarpur district consists of 2 towns and 850 villages. All the villages
have since been electrified. Under 20-Point programme, 142 tribals out of 339
persons were given agricultural connections so far while 667 tribals out of 880
persons given Kutirjyoti connections.. The State Government has sanctioned
Rs.122.85lacs of electric connections to the Ajmer Vidyut Vitaran Nigam Limited
for electrification of 93 hamlets in Dungarpur out of which 76hamlets have since
been electrified and work on 6 more is in progress. The Nigam has utilized
Rs.83.05lacs for the purpose. The Nigam has also provided electric connections
to 47wells and 18more are still in the pipeline.
78. The Commission recommends that installation of an electric pole
should not be construed as electrification of a hamlet. It is only when the
tribal households have been provided electric connections that the
electrification process would said to have been completed. Further, the data of
rural electrification should really indicate that all the hamlets of a village have
been electrified and only then it can be said that the tribal village has been
electrified. The state Vidyut Nigam should revise their proforma is so far as
tribal areas / villages on the lines indicated above.
fil~! I i I I I .~ I 'I iJIj I
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2564 SA&ST/04-48B
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Health Care
NA
NA
59.3
720
NA
677
NA
55.9
51.0
NA
126.6
114.9
98
84.2
86
79. On account of general neglect and lack of proper health services, the STs
suffer from malnutrition, maternal mortality and infant mortality. The important
health indicators amon the eneral and ST 0 ulation are iven hereunder:
Category/State Infant Under-5 % of Children MMR LEB
Mortality Infant under weight
(per Mortality (per
thousand live thousand live
deaths deaths
70 94.99 . I 47 I 408 I 64.6
80. The above figures are indicative of the fact that ~he access to public health
system has been very much uneven between the better endowed and the most
vulnerable sections of the society. In order to' overcome such differentiation, the
Govt. of India has laid down the policy to set up the health centers knownas
Community Health Centres at the apex level followed by primary health centers
at the intermediate level and sub-centres at the lowest level. Since the tribal
areas have suffered from centuries of neglect of suitable health care facilities, the
Govt. of India has relaxed the norms for establishment of CHCs, PHCs -and SCs,
multipurpose workers etc. to bring health facilities and services to the reach of
the tribals. The relaxed norms for tribals and achievements at the all India level
are given at Appendix V.
81. The task is momentous because the tribals due to their traditional beliefs
and hold of the tribal doctor (Ojha) are reluctant to avail of the modern allopathic
health services. But of late, there has been a welcome trend in Rajasthan where
the tribals of Scheduled Area districts despite faith in the folk medicines are.
coming forward to avail of the modern health facilities.
82. There are only 1,116 sub-centres against 1,141 required, and 30 CHCs
against 34 required, which calls for review and 183 primary health centers as
against relaxed norms of 171 PHCs in the tribal areas of the State. But the
position of State health care is quite dismal on account of the lack of access to
PHCs that offer safe maternal, gynecological and abortion services and
reproductive health care, education for couples and adolescents in the tribal
areas .. The fact of the matter is that gynecologists cannot reach the remote and
interior villages inhabited by tribals and the health system resists training the
11
traditional village Dai (TBA). The programme, therefore, is merely target
driven, which unfortunately overlooks the quality of health services provided
in the interior areas as observed by the Commission during its tour.
83. The findings and recommendations of the Commission are given below:
(a). CHCs, PHCs and SCs: The number of primary health centers and
sub-centres have not been opened as per the relaxed norms (Appendix V) laid
down by the Union Ministry of Health and Family Welfare in the various
regions toured by the Commission. A number of sub-centres were found to be
functioning in rented buildings. Urgent steps should be taken to construct
buildings for the health centers and undertake suitable repairs. It was alleged
that one Dr. Kohli of a PHC Centre in Banswara was found to be charging fees
from tribal patients during duty hours. An enquiry was made and the allegation
was found to be correct but no action has reportedly been taken against Dr. Kohli
according to Dr. VijayKumar, MO.
(b). Posting of Doctors: Posts of doctors, particularly, senior specialists
and junior special"3ts are lying vacant, for example, 14 senior specialists posts
and 65 junior specialists posts out of 121 were lying vacant in the Dungarpur
district. There is not a single lady doctor to attend to gynecological treatment
of the tribal female patients. 10 out of 44 posts of medical officers in the PHCs
at the district level were reported to be lying vacant. The same position was
observed in Banswara district and Kotra Panchayat Samiti. It was understood
during the meeting on 4th July, 2003 with the Chief Secretary, Rajasthan and
his Officers at State Sachivalya' at Jaipur that 400 posts of doctors were lying
vacant in the tribal sub-Plan areas and the State Govt. would be filling up the
posts by constituting sub-committees within three months. The Commission
recommends that as the doctors who usually come from urban surroundings
are not willing to stay in the tribal areas for a longer period due to
inhospitable conditions, they should be posted on a contract basis and
provided residential accommodation as well as monetary incentives so that
they are able to provide health care facilities to the tribals.
(c). Posting of para-medical staff: The position with regard to the para-
medical staff is also not very encouraging as many posts are lying vacant.
Para-medical staff should be provided residential accommodation near the
health centers, beginning with the female workers as the location of the centre is
quite often away from the town or the village and it is difficult for the lady
workers to make to and fro journeys to centers at odd hours. It would also be
much easier to call them for duty at odd hours if they are staying within the
premises of health centre. Similarly, they should also be given monetary
incentives to make their posting in the tribal areas attractive. Those who have
152
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undertaken th~ work for three years continuously at a centre, should be given
extra incentives like support for professional education for children, medical
reimbursement to families of para-medical staff suffering from serious ailments
at the hospital of their choice and special leave encashment of 12-15days a year
after completion of 3 year tenure.
(d). Posting of Dais (TBA): Hardly 30 per cent of the deliveries by tribal
women were performed by dais (Trained Birth Attendants) in the districts of
Banswara and Dungarpur. The position was still very poor in respect of Kotra
and Aburoad Panchayat Samitis. A crash programme for training of tribal Dais
should be undertaken by the State Govt. The trained Dais would be in a position
to motivate the tribal women in their local dialect to approach the health center
and avail of the health facilities both gynecological and otherwise.
(e). Laboratory facilities: Laboratories ,facilities are in name only as either
the technicians are not available or basic equipment for conducting lab tests
are also not available. X-ray machines at many places are not installed and
whenever they are available, these are not working. The State Govt. should fix
responsibility for the present state of affairs of the dysfunctional laboratories and
X-ray machines and simultaneously ensure that these facilities are extended to
the far-flung areas on par with the facilitiesobtaining in the ur~an areas.
(f). Supply of medicines: At Dungarpur distt. NGOs complained that
spurious medicines were being supplied. At Banswara, the story also was the
same where medicines were not available. The story is not much different in
Kotra and Aburoad Panchayat Samitis.
84(i) Special Diseases: The special diseases suffered by the tribals generally are
TB, malaria, leprosy, malnutrition and flourosis. The Government identified
16,614TBpatients under T. B. Control Programme in the TSP area out of which
12,235were treated and 2,255were under treatment till Jan, 2003in 806 villages
out of 991 surveyed in the distt. of Udaipur, Banswara, Chittorgarh, Dungarpur
and Rajsamand. Similarly, flourosis afflicted 2,430tribal households in 304
villages of the TSP areas where the Control Programme was under operation
through SWACH.
(ii) The State Govt. has taken initiative in controlling special diseases
through SWACH which is receiving grants not only from Tribal Area
Development and Health Deptts. but also from the international agencies.
However, it was reported tl:tatTBwas quite rampant in the tribal area. It was
also reported that some of the TB patients were found to be having HIV Aids
virus. This demands urgent remedial steps. The help of voluntary agencies
should be availed in this regard also.
~I
85. The Govt. of India has also provided that ANM workers may be trained
by attending ANM schools at the district level. The District Administration of
Banswara has taken steps to start an ANM Training School. The Commission
recommend that such a centre may also be opened at Dungarpur to meet the
shortage of trained ANM workers.
Education
86. The progress of STs of Rajasthan is closely linked with the level of literacy
among them. A literate community is more assertive in articulating its rightful
demands/ claims in matters like security of land tenure, restoration of alienated
land, rehabilitation of displaced persons due to setting up of projects, supply of
adequate medical and health services, safe drinking water, intake in posts and as
prescribed by government, effective participation in Panchayati Raj
institutions/local bodies and in other fields on an equal footing.
Anganwadis
87. An important component of package of services envisaged under the
ICDS scheme aims at providing non-formal pre-school education to'the child,
in the age range of 3-5 years, as a necessary preparation for primary schooling
by organizing joyful play - way daily activities for 3 hours. This would create
a desire in the child to attend the primary school. The Commission
recommends that there should be improved co-ordination between the
Anganwadis and primary schools in terms of times, locations and supportive
linkages between the Anganwadi workers and primary teachers. The drop
out-rates in the primary classes in the tribal areas is abnormally high. A desire
has to be created among the tribal children to enter primary schools and for
this purpose the norm of establishing Anganwadis for a population of 700
should be relaxed to 250 to cover tribal Dhanis. If this is done, the
Commission is hopeful that the tribal children will willingly and with
enthusiasm attend the primary schools. At present, in the tribal areas,
Anganwadis do not cater to all the tribal children below the six years of age,
with the result that there is no perceptible impact of this programme in
preparing the students for entering into primary schools. The Commission
also recommends that the expenditure towards supplementary feeding under
Anganwadis Scheme should be borne by the Union Ministry of Human
Resource Development in view of resource constraints of the states.
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88. As per 1971, 1981 and 1991 censuses tne literacy rates in Rajasthan for
total male and female for general and ST population, the positions is given in the
table below: -
Table
Census
General Tribals
Years
(*)
Persons
Male Female Persons Male Female
1971
19.07% 28.74% 8.45% 6.47% 12.03% 0.49%
1981
24.38% 36.30% 11.42% 10.27% 18.85% 1.20%
1991
38.55% 54.99% 20.44% 19.44% 33.29% 4.42%
89. The above table clearly indicates the wide disparity in literacy level of the
general population and the tribal population. The poor female literacy achieved
by Rajasthan in the several decadal censuses indicated above calls for a special
drive for opening of primary schools, hostels and provision of incentives in
the form of free supply of books, stationery, mid-day meals and pre matric
stipends to the needy girls for arresting drop outs which are as high as 80-90%
from primary to secondary level in the tribal sub-Plan areas.
90. In order to have a ground level picture of the state of educational
development in the scheduled and tribal areas, the Commission during its tour
of Abu Road Sirohi, Dungarpur, Banswara and Kotra and non scheduled area
tehsil of Bali (Pali) had wide range of discussions with the officials and non-
officials as well as with the representatives of the voluntary agencies and the
individual tribal leaders.
91(a) It was noticed during the tour of Dungarpur district that as against
1,77,072 total students in primary schools, the ST enrolment of 1,36,443 was 77
per cent but at middle school stage the enrolment nose-dived to 12% of 5139 out
of 43,326 students. Similarly, the position became very bleak if we examine the
enrolment at the secondary stage. Thus it would be seen that despite mammoth
investment, the drop out rate from primary stage to secondary stage would be as
high as 90 per cent. In this connection, it would be relevant to support
Commission's findings with the official figures published in the Annual Report
of the National Commission for SC & ST for the period 12th March, 1992 to 31st
March, 1993, which reveals that the percentage of drop out for tribal boys and
girls at secondary stage is as high as 84.93 per cent for boys and 94.30 per cent
for girls respectively.
(*) Source PP 114 of "Portrait of Population published by the Directorate of Census Operations
Rajasthan, }aipur (1991 census).
15~
~I
The Commission is convinced that there has been no improvement in the
retention of tribal students from classes 1 to 10 of the school stage in the past
decade. The reasons are manifold. Large number of posts of teachers at
primary, middle and secondary stages of education are lying vacant. For
instance, out 39 posts of Head Masters as many as 22 (54%) were vacant in the
Kotra Panchayat Samitti of Udaipur district. In these schools, 126 posts of
teachers were also lying vacant. It was understood from the Education
Department during the meeting that 1,000 posts of Grade-III teachers and 1,000
posts of para teachers were lying vacant in the tribal areas of Rajasthan. There
is need for revamping the educational infrastructure. Out of the filled up
posts, the teachers do not like to be posted in the villages due to lack of
residential accommodation which should be provided on a priority basis
starting by covering the lady teachers first. Another fall out of poor results of
tribal students was reported to be shortage of local teachers who could have
better communication facilitation with the tribal students. One of the basic
reasons of drop out of boys and more particularly girls at 12-13 year age group
(class VI) was the need for their contribution to family income and domestic
chores respectively. The TAD Department has opened six hostels for ST
students in the district of Dungarpur but unfortunately these are without
wardens for the last 10 years. The absence of wardens in the hostels obviously
leads to decline in educational standards and indifference on the part of the
students to continue education. It was reported by a non-official that a hostel
building had been built at the Dungarpur district Headquarter about 4 years
back and was lying unused due to lack of budgetary support. Resultantly, the
tribal male and female students were forced to make up and down journey
from far off places to attend classes. The Commission recommends that the
TAD Department should look into the matter and provide funds so that the
hostel beccmes functional. One other reason for high drop out rate is the mid-
term transfer of teachers, which is not immediately followed by replacement
of teachers resulting in mismanagement and little attention being paid to the
quality of teaching. The transfers should be done at the commencement of the
educational session so that the interests of tribal students are protected. In the
primary schools, tribal students are given mid-day meals, which are quite
often cooked 1?ythe teachers. The teachers are also given other work \>y the
Education Government like frequent educational surveys, census enumeration
work, etc., which tells upon the quality of education and must be avoided. As
far as possible, mid day meals may be cooked by tribal women on payment of
small honorarium. The rates of pre-matric scholarships are very low, fixed
long time back and paid at the fag end of the year and there is need for
upward revision immediately.
(b) There is 'need for proper security for tribal students and lady teachers in
the schools which are quite often located in the outskirts of towns and villages.
The teachers are not willing to work in rural tribal areas, which tells upon the
enrolment and retention of tribal students. There is need for opening of hostels
'I 'III
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in the periphery of Udaipur city where there can be better supervision of
Education and TADDepartments and this can contribute a great deal in arresting
drop outs. Rajiv Gandhi Pathashalas which cater to class I and class II are
single-teacher school. The teacher gets a salary of Rs. 1200/- per month and the
number of students per school ranges between 100-200 and the teacher can
hardly do justice to such a large number of children.
(c) There are other primary education schemes iike Shiksha Karmi, Lok
Jumbish and Sarva Shiksha Abhiyan in addition to Rajiv Gandhi Pathshalas.
There is need for integration of all the schemes for cutting overheads and
giving focused attention to the education of children. Education is not given
to the students in the tribal dialect in classes I and II. There is need for giving
education in tribal dialect, as the children can grasp easily if taught in their
own dialect. This will also enable them to pick up Hindi, which is the
medium of instruction as they enter class III.
(d) There are only nine Government colleges and two private colleges out of
which two colleges are meant for girls. There is no girls' college in the Scheduled
Areas. A large number of girls who pass Senior Secondary Examination, are
desirous of seeking higher education but due to non-availability of educational
facilities in the Scheduled Areas, are forced to discontinue studies. A demand
was made by the tribal representatives that a girls college may be opened at
Kotra which lies in the heart of the Scheduled Areas and tribal girls from the
neighbouring areas will be able'to pursue higher education. The Commission
recommends that a Girls college should be started at a suitable place in the
Scheduled Areas. A hostel should be attached to it.
92. It was observed that the Rural Education Department and TAD
Department are together spending millions of rupees on primary education in
the Scheduled and tribal sub-plan area but their efforts need to be focused.
The State Govt. should insist on fixed tenure of 3 years for teachers and those
who have completed 3 years tenure, should be given fringe benefits like, (a)
leave encashment f!>r12-15 days for the tenure period, (b) advance increment
(c) suitable entry in the ACTto enable them to get quick promotion to a higher
post. Special steps should be taken to train tribal teachers so that the posts as
per the schools quota prescribed for them are filled up.
Grant of PTG Status to Kathodi Scheduled Tribe, Udaipur district
93. Kathodi is a 5T living in 23 villages of Kotra and Jhadhol Tehsils of
Udaipur district bordering Gujarat State with a population of 2600 (as per 1991
Census) consisting of about 760families. According to a survey conducted in the
year 2000-01by the MLV Tribal Research Institute, Udaipur in five villages of
Jhadol Panchayat Samiti and three villages of Kotra Panchayat Samiti of the
g
district, it was reported that 68 per cent of the Kathodis were engaged in forest
related activities, 14 percent as agricultural labourers and 18 per cent as daily
labourers. Economically, 31 per cent had less than Rs.500annual income while
37.7 per cent and 31.3 per cent had annual income between Rs.500-1oo0and
Rs.1000respectively. 91 per cent of the 300 sample respondents were illiterate
and the remaining literate persons who had gone to school had dropped- out and
were not able to put their signature or even read a Hindi newspaper. No
voluntary organization has motivated Kathodis to send their children to schools
and the State Government has also not taken any steps for their retention in
schools. A number of voluntary organizations who met the Commission during
the tour desired that Kathodis should be declared a Primitive Tribal Group
(PTG)like their counterparts in Gujarat.
94. It is believed that some Kathodi families who are adept in making Katha
were brought by some Katha traders to th~ jungles of Aravali Hill ranges and
settled there from Khandesh, Maharashtra long time back. In the original abode,
they were not used to agriculture and animal husbandry. Their economy and
lifestyle was based on forest produce. Some of them have now started to engage
themselves in agriculture and also work as daily labourers and in forest related
works. Most of them have uneconomic agricultural holdings or are landless.
Due to extreme educational backwardness, the community is submerged in
superstitions. The language spoken by them is a mixture of Marathi, Gujarati
and Marwari. They have been acculturated due to preponderance of Bhils in the
new surroundings, particularly in respect of language and culture. They have
now started conversing in Hindi. As far as Commission could ascertain
Kathodis suffer from extremes of educational and economic backwardness and
follow their age-old tribal customs and traditions.
95. The Commission had therefore, asked the State Government to undertake
a rapid survey of the Kathodi community and to submit a proposal to the
Government of India for their inclusion in the list of primitive tribes. The
State Government while agreeing with the Commission's suggestion has issued
instructions to the MLVTribal Research Institute to undertake a rapid survey.
Working of the Tribes Advisory Council
96. In fulfillment of the provisions contained in Paragraph 4 of Part 13 of the
Fifth Schedule of the Constitution, the Govt. of Rajasthan notified Rules on 1-
10-1981 entitled Rajasthan Tribes Advisory Council Rules, 1980. The TAC
consists of 19 members, including Chairman and Deputy Chairman, 13 ST
members who are MLAs while 3 officials and 1 non-tribal NGO working for the
development of STs. The Minister in-charge of Tribal Area Development (TAD)
is the Chairman of the TAC.
11111 I I, I'
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97. Functions of Tribes Advisory Council (TAC)
Para 4 of the Fifth Schedule states that the TAC would advise on matters
pertaining to the welfare and advancement of the STs as may be referred to it by
the Governor. No Regulations shall be made by the Governor unless he has
consulted the TAC. But it appears that the State Govt. have not implemented
this before enacting legislations affecting tribal interests. It is recommended that
in order to make the TAC effective, it should be made obligatory on the part of
the Govt. to refer all matters relating to ,welfareand development of STs for prior
approval of the TAC. The State Govt. should also obtain prior approval of the
TACfor enacting any legislation etc., policy making, planning and supervision of
development schemes and effectiveadministration of the Scheduled Areas.
98. The Commission had interaction with the tribal representatives at
Udaipur, Dungarpur and Banswara during tour of these districts in July, 2003
regarding the working of TAC. The Commission recommends that the
meetings of the TAC should be presided over by the Chief M.inister of
Rajasthan and the Minister in-charge of TAD Deptt. should be appointed as
Deputy Chairman. This recommendation has been made in view of the fact
that the Governor has special responsibility to watch the implementation of
protective safeguards and developmental schemes and more importantly
establishment of peace and good Government in the Scheduled Areas of the
State and submit a report to the President. The Commission recommended that
ST MLAs should elect ~th of the Members of the TAC. The Commission also
recommends that in view of the enactment of the Rajasthan PESA Act 1999, it
would be appropriate to induct at least 2 Heads of Panchayat SamitjjZilla
Parishad with a view to give greater chance to the grass-root tribal members to
ventilate their grievances and present problems of tribals before the TAC.
Such a course would also enrich the quality of participation in the TAC.
The Commission welcomes the decision of the State Govt. to agree to
the suggestion of the Commission to nominate Chief Secretary and Secretary
to Governor as members of the TAC so that the Governor is kept informed of
the feelings of the tribal people and enforcement of protective safeguards.
99. Annual Reports of the Governor on the Admin. of scheduled
areas
The Commission after study of the Annual Reports of the Governor on the
administration of Scheduled Areas for the last two years has come to the
conclusion that these Reports are not in any way different from the Annual
Administrative Reports of the Department of Tribal Area Development. The
Report merely recounts the utilization of outlays and expenditure and gives a
narrative of the schemes under the Tribal Sub-Plan. The Commission, therefore,
recommends that the Governor's Report should give a qualitative narrative ,of
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the working of the protective safeguards like laws against land alienation,
status of conversion of tribal land from agriculture to commercial and
residential purposes in a subterfuge manner, implementation of the laws
against indebtedness, working of excise policy and the implementation of the
Tribal Sub-Plan strategy. The Commission also recommends that in the
altered situation brought about by the enforcement of PESA Act, the views
and aspirations of the ST members of the TAC should find a prominent place
in the Annual Report of the Governor. The Commission further suggests that
a special cell should be set up in the Chief Secretary's office to draft the
Annual Report based on the information furnished not only by the TAD but
also other concerned departments. Commission also recommends that the
Council of Ministers should be consulted by the Governor before the Annual
Report is released by the State Govt.
Excise Policy
100. The tribals of south Rajasthan, particularly were used to heavy drinking.
This has resulted in avoidable affrays among themselves. @The colonial rulers
hardly paid any attention to counteract the adverse effect of the extremely
popular drinking habit among Bhils and went to the extent of describing Bhils,
Warlies and other tribal communities as a whole, as a race of. drunkards. The
excise policy introduced by them was to earn revenue in disregard to the long
term devastating effect, the excessive drinking had on the social and economic
fabric of the tribals. The present excise policy permits the tribals of the State to
brew home brewed liquor made of mahua flower for domestic consumption and
social functions. Alongside, the Govt. of Raj.asthan has opened liquor vends for
sale of country liquor and IMFL by giving licenses to non-tribals in towns located
within the Scheduled Areas on a commercial scale. This has given impetus to
increase in consumption of liquor and liquor trafficking by involving innocent
tribals. The liquor is now available in carry home pouches for the asking.
101. However, there is a silver lining when we look at the Bhagat movement
which had a significant impact in promoting temperance. Bha3ats abstain from
all sorts of crimes including drinking liquor. There was a flurry of reform
movement which was led by *Suramal Das, a reformer preaching temperance
among Bhils who spread his movement from Mewar in Rajasthan to Shamla Ji in
Gujarat. His movement was followed by Govind Giri of Dungarpur district
which led to a movement of socio-religious reform among the Bhils.
102. The State Govt. should introduce a selective excise policy by not
opening liquor vends in the towns located in the Scheduled Areas only for the
sake of earning money due to auctions of vends and excise revenue. Voluntary
@ Annual Administrative Report of 1874-75- TE Gurain, Political Superintendent of Hilly
Tracts of Mewar.
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agencies, Gram Panchayats, local religious social leaders should be engaged by
the Government to sustain the reform movement so as to keep the demon of
liquor at bay from the Scheduled Areas of Rajasthan ..
Botanical Garden at Jhadol
103 (a) On 21st February, 2003, the Commission had a quick visit to the
botanical garden and a greenhouse attached to it at Jhadol, which lies 45 Kms.
away from Udaipur. The herbal botanical garden Nal Sandol in Jhamori
Reserved Forest, Tahsil Jhadol was originally established in 1993. The garden
confined to 50 hectares of degraded land with a few pockets of dense growth of
grass is under the control of the Forest Deptt. It is financed by the State Tribal
Areas Development Deptt. The management of the garden is done by a Samiti of
153 persons mostly women as S.L.G which also protects the flora and fauna of
the garden from poachers. The lush green grass found in certain pockets of the
garden is a great attraction for the poachers for stealing. The Samiti keeps a
watch on the activities of poachers and tf10se found stealing grass from the
garden are imposed a hefty fine which adds to the coffers of the Garden Samiti.
The herbal garden has a green house for conservation and propagation of rare
medicinal plants.
(b) The Commission. after a visit to the herbal garden~ had a feeling that the
local tribals have not derived benefit from the activities of the garden. It is,
therefore, suggested that they should be made partners in the activities of the
garden by compensating them for the watch and ward activities. Another
suggestion is that the members of the Samiti should be encouraged to grow
herbal plants in their backyards to enable them to develop interest in the
scheme and add to their paltry income.
In view of the drought-like conditions in the State, the members of the Samiti
should be educated in rain-water harvesting scheme with a view to meeting
water requirements of the backyard plantation.
(c) A beginning can be made by the State Forest and Tribal Area
Development Deptt. by manufacturing herbal medicines as well as their value
addition through utilizing the services of dedicated vaidyas of Udaipur and
association of reputed voluntary agencies. The Biodiversity Conservation Act,
2002provides for payment of royalty to locals in exchange for their intellectual
and biological property. Under the Act, the outsiders, individuals and
organisations will have to seek the prior consent of the local tribals who have
deep knowledge of folklore medicine. The outsiders will also have to pay to
the villagers even for the information connected with the biodiversity.
Implementation of the provisions of the Central PESA ACT (1996)
in Rajasthan State
104 The Rajasthan Govt. has amended the State Panchayat Raj Act (1994) in
the year 1999 in its application to the Scheduled Areas of Rajasthan so that it falls
in line with the Central Act as prescribed.
105 Mandatory provisions of the Central Act and their status in the Rajasthan
Act are given below.
Table
S.No
Mandatory Provisions Status in Rajasthan
1
Acauisition of land
Many powers provided to Gram
Prior consultation with Gram Sabha
Sabha
or Panchayats at appropriate level. 4 (i) 2
Planning & Management of Minor
water bodies
To be entrusted to Panchayats at the
appropriate level. 4 G)
3
Grant of prospecting license for mining
Prior permission of Gram Sabha or
minerals
PRI made compulsory.
Prior recommendations of Gram or
Panchayats at the appropriate level. 4
(k) 4
Grant of concession for exploitation of
Recommendation of Gram Sabha
minor minerals
or the PRI made compuls~ry for
Prior recommendations of Gram or
the concession.
Panchayats at the appropriate level. 4 (1) 5 -
Enforce prohibition, regulate or restrict
PRI at the appropriate level is
sale & consumption of any intoxicant
empowered to enforce prohibition.
Panchayats at the appropriate level
and the Gram Sabha to endowed with
powers. 4 (m) (i) 6
Ownership of MFP
PRI
at the appropriate level
IS
Panchayats at the appropriate level
endowed with the ownership to
and the Gram Sabha to endowed with
control
and
mange
the
mmor
powers. 4 (m) (ii)
forest produce.
7
Prevention and restoration of Tribal PRI
at the appropriate level is
Alienated Land
empowered to prevent alienation
Panchayats at the appropriate level
of land in Scheduled Areas and to
and the Gram Sabha to be endowed
restore unlawful alienation of STs.
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with powers. 4 (m)-(iii)
restore unlawful alienation of STs.
8
Managing village Markets
PRI at the appropriate level is
Panchayats at the appropriate level
empowered
to
manage village
and the Gram Sabha to endowed with
market.
powers. 4 (m) (iv) 9
Money lending to STs
PRI at the appropriate level is
Panchayats at the appropriate level
empowered
to exercise control
and the Gram Sabha to endowed with
over
money lending to the
powers. 4 (m) (v)
members of ST.
106. A comparative position of the provisions made in the PESA Act and the
Rajasthan PESA Act gives the present position of the enforcement/deviations
etc. of the latter Act compared with the former Act
(a) Provisions made as per Central Act
Sections 4 (c), 4 (d), 4 (e) (i), 4 (e) (ii),4 (f), 4 (g), 4 (h), 4 (i) and 4 (m) (v) of
the Central Act has been taken care of by making similar provision in the
Rajasthan Act.
(b) Deviations from Central Act
(i) As regards Section 4 0) relating to planning and management of minor
water-bodies of Central Government, the State Govt. has made a similar
provision too but has added the word II as may be prescribedll which
has not been done so far.
(ii) The Rajasthan Act is silent about the provisions made under Sections 4
(a), 4 (b), 4 (0) and Se~tion 5 of the Central Act.
(iii) The power to exercise control over institutions and functionaries in all
social sectors to the extent and in the manner to be specified by the State
Govt. from time to time the unqualified control of the PRIs envisaged in
the Central Act under Section 4 (m) (vi) and the power to control over
local plan and resources of such plan, including tribal sub-Plan under
Section 4 (m) (vii) to the extent and in the manner to be prescribed by the
State Govt. from time to time detracts from the unqualified control of
PRIs as envisaged in the Central Act. No rules have been prescribed so
far.
(iv) The Central Act [Section 4 (n)] provides for checks and balances so that
the Panchayats at the higher level do not assume the authority of any
Panchayat at the lower level or at the Gram Sabha by Panchayats at the
higher level. However, the State Act is silent about this provision.
(v) The State Govt. has not so far issued rules under SectionS 4 0) and 4 (k)
of the PESA Act relating to grant of minor mineral concessions. The
Commission is aware that 80 per cent of the minor minerals are located in
the vicinity of tribal habitats and most of them live below the poverty line.
107 The Commission, therefore, recommends that Scheduled Castes an<;i
Scheduled Tribes State Finance and Development Corporation should provide
financial assistance to such budding Scheduled Tribes who are willing to take
licences for prospecting minor minerals. This recommendation was also
brought to the notice of the Chief Secretary, Govt. of Rajasthan at the time of
the meeting of the Commission in the Sachivalaya a~Jaipur on 5.7.2003. The
Commission further recommends that the question of notification of rules for
implementing various provisions of the State PESA Act have been over-
delayed and a notification may be issued without any further delay as it might
otherwise cause unrest among the tribals.
Additional Charge of TAD Commissioner
108 The Tribal Area Development Commissioner is holding the heavy
additional charge as Commissioner, Udaipur Division. The Commission
recommends that the tribal area requires full time attention of the TAD
Commissioner and, therefore, he should not be saddled with the additional
responsibilities so that he can give his whole time attention to the problems of
Scheduled Tribes.
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Appendix-I
DISTRIBUTION OF SCHEDULED TRIBE POPULATION BY SEX
State/District Total/Rural/
Urban
Total
Population
Males Females
1
RAJASTHAN
2 3 4 5
All Scheduled Tribes
Total
Rural
Urban
54,74,881
52,20549
2,54,332
28,37,014
26,96,437
1,40,577
26,37,867
25,24,112
1,13,755
1.
*Bhil, Bhil Garasia, Dholi Bhil, Dungri Bhil, Dungri Garasia, ..........
Total
23,05,982 11,77,865 11,28,117
Rural
22,28,487 11,36,860 10,91,627
Urban
77,495 41,005 36,490
2.
BhilMina
Total
32,592 16,678 15,914
Rural
28,733 14,562 14,171
Urban
3,859 2,116 1,743
3.
Damor, Damaria
Total
43,612 21,801 21,811
Rural
42,525 21,189 21,.336
Urban
1,087
612 475
4.
Dhanka, Tadvi, Tetaria, Valvi
Total
33,844 17,990 15,854
Rural
14,493 7,742 6,751
Urban
19,351 10,248 9,103
5.
Garasia (excluding Rajput Garasia)
Total
1,48,197 75,899 72,298
Rural
1,47,303 75,332 71,971
Urban
894 567 327
6.
*Kathodi, Katkari, Dhor Kathodi, Dhor Katkari, ......
Total
2,984 1,498 1,486
Rural
2,893 1,444 1,449
Urban
91 54 37
2564 SA&ST/04-49A
7.
Kokna, Kokni, Kukna
Total
710 378 332
Rural
609 322 287
Urban
101 56 45
8.
Koli Dhor, Tokre Koli, Kolcha, Koigha
Total
2,973 1,576 1,397
Rural
2,549 1,339 1,210
Urban
424 237 187
9.
Mina
Total
27,99,167 14,69,158 13,30,009
Rural
26,58,344 13,89,085 12,69,259
Urban
1,40,823 80,073 60,750
10. *Naikda, Nayaka, Cholivala Nayaka, Kapadia Nayaka, .
Total 11,627 6,272
Rural 7,859 4,177
Urban 3,768 2,095
5,355
3,682
1,673
11. Patelia
Total
2,554 1,074 1,480
Rural
1,977
763
1,214
Urban
577 311 266
12.
Seharia, Sehria, Sahariya
Total
59,810 30,555 29,255
Rural
58,749 30,011 28,738
Urban
1,061
544 517
13.
Unclassified
Total
30,829 16,270 14,559
Rural
26,028 13,611 12,417
Urban
4,801 2,659 2,142
Note: 1. All Scheduled Tribes includes figures for 'unclassified'.
2. Tribes having nil return are not shown.
2564 SA&ST/04-49B
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APPENDIX - II
Provisions in protected laws a2ainst land le2islation and related matters
Rajasthan Tenancy Act, 1955
Section 42
General restrictions on sale, gift and bequest
The sale, gift or bequest by a Khatedar tenant of his interest in the whole or part of his
holding shall be void if -
(b) such sale, gift or bequest is by a member of Scheduled Caste in favour of a
person who is nota member of the Scheduled Caste, or by a member of a
Scheduled Tribe in favour of a person who is not a member of the Scheduled
Tribe.
Section 42-bb
Prohibits sale, gift of bequest by a member of Sahariya Scheduled Tribe in favour of a
person who is not a member of the above said tribe.
Section 43
Mortgage
(1) A Khatedar tenant, or with the general or special permission of the State
Government or any officer authorized by it in his behalf, a Ghair Khatedar tenant,
may hypothecate or mortgage his interest in the whole or part of his holding for
the purpose of obtaining lo'~ from the State Government or Land Development
Bank as defined in the Rajasthan Cooperative Societies Act, 1965 or a
Cooperative Society registereo or deemed to be registered as such under the said
Act or any Scheduled Bank or any other institution notified by the State
Government in that behalf.
(2) A Khatedar tenant may transfer his interest in the whole or part of his holding
in the form of usufructuary mortgage to any person but such mortgage must
provide that the mortgage amount shall be deemed to be paid off by the usufruct
of the property within a specified time not exceeding five years, and in the
absence of such period being specified, such mortgage shall be deemed to be for
five years.
Provided that on or after the publication of the Rajasthan Tenancy (Amendment)
Act 1970 in the official Gazette, no Khatedar tenant being a member of a
scheduled caste.or scheduled tribe shall so transfer his rights in the whole or a part
of his holding to any person who is not a member of a scheduled caste or a
scheduled tribe.
(3) A usufructuary mortgage under sub-section (2) shall, upon the expiry of the
period mentioned herein before be deemed to have been satisfied in full without
any payment whatsoever by the mortgager, and the mortgage debt shall be
deemed to have been extinguished and the mortgaged land redeemed and the
possession thereof shall be delivered by the mortgagee to the mortgager free from
all encumbrances .....
(4E) Any mortgagee who, without sufficient cause, fails to put the mortgager in
possession of the property within a period of three months as specified in sub-
section (4C) shall on conviction, be punishable with imprisonment for a term
which may extend to one year or with fine which may extend to Rs.l ,000 or both,
the offence shall be cognizable and bailable and may be compounded by the
mortgager.
(4) Without prejudice to the provisions contained in sub-section (4), if the
mortgagee does not so re-deliver the possession of the land mortgaged, he shall
liable to ejectment in accordance with Section 183-A.
Section 46-A
Special provision for letting or sub-letting by members of scheduled castes and
scheduled tribes -
Notwithstanding anything contained in sections. 44, 45 and 46, no person who is a
member of a scheduled caste or a scheduled tribe shall let or sub-let the whole or any part
of his holding under the said sections to any person who is not a member of a scheduled
caste or a scheduled tribe.
Section 49A
Special provision for exchange by members of scheduled castes or scheduled tribes -
Notwithstanding anything contained in section 48 and 49, no tenant who is a member of a:
scheduled caste or scheduled tribe shall have the right to exchange his holding under any
of those sections for land which is included in the holding of a person who is not a
member of a scheduled caste or scheduled tribe and an application under section 49 shall
be rejected if it contravenes the provisions of this section.
Section 175
Ejectment for illegal transfer or sub-letting
(1) If a tenant transfers or bus-lets \.lr executes an Instrument purporting to
transfer or sublet, the whole or any part of his holding, otherwise than in
accordance with the provisions of this Act and the transferee or sub-lessee or
the purported such part in pursuance of such transfer or sub lease, both the
tenant and any person who may have thus obtained or may thus be in
possession of the holding or any part of the holding, shall on the application of
the land holder, be liable to ejectment from the area so transferred or sub-let
or purported to be the transferred or sub-let.
(4A) Notwithstanding anything to the contrary contained in sub-section (4) if the
application is in respect of contravention of the provisions contained in section 42
or the proviso to sub-section (2) of section 43 or section 49A, the court shall, after
giving a reasonable opportunity to the parties of being heard, conclude the
enquiry in a summary manner and pass order, as far as may be practicable, within
a period of three months from the date of the appearance of the non-applicants
before it, directing ejectment of the tenant and his transferee or sub-lessee from
the area transferred or sub-let in contravention of the said provisions.
To ensure disposal of the cases within 3 months of admission in the Court.
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Section 183B
Summary ejectment of trespassers of the land held by members of scheduled castes
and scheduled tribes -
In 1978, Section 183B was inserted into the Rajasthan Tenancy Act, giving clear
provision to tenants of Scheduled Castes and Scheduled Tribes to get trespassers ejected
from his land holding.
(1) Notwithstanding to the contrary contained in any provision of this Act, a
trespasser who has taken or retained possession, without lawful authority of land
held by a tenant belonging to scheduled caste or scheduled tribe, shall be liable to
ejectment on an application of the person or persons entitled to evict him, or on
the application in the prescribed manner, of a public servant authorized by the
State Government in his behalf, and shall be further liable to pay as penalty for
each agricultural year during the whole or any part whereof he "has been in such
possession, a sum which may extend to fifty times the annual rent.
(2) The inquiry on an application under sub-section (1) shall be made in a summary
manner and shall be concluded as far as practicable, within the prescribed period
and after affording a reasonable opportunity of being heard to the person alleged
to be a trespasser.
Section 183(C)
On issuing one notice, if the trespasser doesn't hand over/surrender possession,
after summary trial he shall be liable to pay as penalty a sum of Twenty Seven
thousand rupees or face imprisonment of one month to three years or both.
The tribal landowner can make an application to the S.D.O if someone has
illegally occupied his land.
II. THE RAJASTHAN LAND REVENUE ALLOTMENT, CONVERSION
AND REGULARIZATION OF AGRICULTURE LAND FOR
RESIDENTIAL AND COMMERCIAL PURPOSES IN URBAN AREAS
RULES, 1981.
The Sections in the Act regarding limitations over sale of such converted land are
as follows:
1. Lease of Land - On conversion or regularization, as the case may be, the land
shall be held on the basis of a lease in perpetuity. The terms and conditions of the lease
shall be revisable by the Government after every 99 years. The lease agreement shall be
in Form "C".
2. Transferability of Land - The land leased our under these Rules shall be
transferable subject to the conditions and restrictions provided in these rules, or by any
other law or rules relating to such leases.
3. There are certain provisions, that the land to be converted should be in a certain
proximity to an urban area. For Jaipur, Ajmer, Bikaner, Jodhpur and Kota, it is all
agriculture lands falling within the urban agglomeration. For large cities, Udaipur, Alwar
and Sri Ganganagar, it is within 3 km, of the city, anctfor smaller cities and towns, it is
within 1 km. of the municipal limits of the city/town.
III. RAJASTHAN LAND REVENUE CONVERSION OF AGRICULTURE
LAND FOR NON-AGRICULTURAL PURPOSES IN RURAL AREAS
RULES, 1992.
Agriculture land in rural areas may be converted for the following purposes:
a. Residential d. Salt manufacturing
b. Commercial e. Public Utility.
c. Industrial or Industrial Area
The section of the Rules which deal with alienation, if the person converting the
land is a member of a scheduled tribe, are as follows:
"Transfer of land converted for Non-Agricultural purposes - Any land, duly
converted for any non-agricultural purpose under these rules, may be transferred without
payment of premium or obtaining permission from the prescribed authority,"
IV. THE LAND ACQUISITION ACT, 1984
The Act was amended in 1984 by the Central Government, and the changes were
beneficial in that they tried to:
Minimize the undue delays that characterize acquisition proceedings, and
Provide for payment of compensation on a realistic scale.
However, it has given the government greater discretionary powers to acquiring land
under Section 17. (Special powers in case of urgency).
Under the provisions of the revised 1984 Act, land can be acquired when it is
needed for:
a public purpose, or
a company (the Government has to consent, to the Act being used for the
Company, and the Company has to enter into specified agreements with the
Government (Sections 39-41)
A "company" has been defined by the Companies Act, 1956, as one that is formed
and registered under the Act or one formed and registered under any of the previous
specified company laws. For the purpose of this Act, the term "Company" includes:
companies in the strict sense of the term as defined above.
Societies registered under the Societies Registration Act, 1860
Co-operative societies defined according to state laws
Industrial concerns owned by an individual or an association of individuals
(partnership firm). Also, an Industrial concern which employs at least 100
workers and is owned by an individual or an association of individuals is also
considered to be a "company" for the purposes of the Act. Land can be
acquired for such a concern if it is needed for two purposes:
a) erecting dwelling houses or residences for workmen employed by it, or
b) providing amenities directly concerned with the above purpose.
e.g. sewage, sanitation.
This is the only instance in which land can be acquired under the Act for an
individual or a firm.
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According to the original 1894 Act (and Rajasthan it seems has made no state
amendment), the expression of "public purpose" includes-
i) The provision of village-sites, or the extension, planned development or
improvement of existing village-sites; .
ii) The provision of land for town or rural planning;
iii) The provision of land for planned development of land from public funds in
pursuance of any scheme or policy of Government and subsequent disposal
thereof in whole or in part by lease, assignment or outright sale with the object of
securing further development as planned;
iv) The provision of land for a corporation owned or controlled by the State;
v) The provision of land for residential purposes to the poor and landles or to
persons residing in areas affected by natural calamities, or to persons displaced or
affected by reason of the implementation of any scheme undertaken by
Government, any local authority or a corporationowned or controlled by the State;
vi) The provision of land for carrying out any educational, housing, health or slum
clearance scheme sponsored by Government or by any authority established by
Government for carrying out any such scheme, or with the prior approval of the
appropriate Government, by a local authority, or a society registered under the
Societies Registration Act 1860, or under any corresponding law for the time
being in force in a State, or a co-operative society within the meaning of any law
relating to co-operative societies for the time being in force in any State;
vii) The provision of land for any other scheme of development sponsored by
Government, or with the prior approval of the appropriate Government, by a local
authority;
viii) The provision of any premises or building for locating a public office.
V. The Provisions of the Panchayats (Extension to the Scheduled Areas) Act,
1996 and the Rajasthan Panchayati Raj (Modification of provisions in their
Application to the Scheduled Areas) Act, 1999~
Section 4(m)(iii) of the PESA, 1996 desires that the Panchayats at the appropriate
level and the Gram Sabha should be endowed with "the power to prevent alienating
of the land in the Scheduled Areas anq to take appropriate action to restore any
unlawfully alienated land of a Scheduled Tribe". The Rajasthan Panchayati Raj
Act, 1999 provides U/S 3(k)(iii) that the Panchayati Raj Institution at the appropriate
level and the Gram Sabha as may be, prescribed, shall have ''the power to prevent
alienation of land in the Scheduled Areas and to take appropriate action in
accordance with laws in force in the State, to restore any unlawfully alienated land
of a Scheduled Tribe in the Scheduled Areas.
The Revenue Department through its Circular dated 17/04/2002 has directed the
powers of Tahasildar U/S 183 of Rajasthan Tenancy Act, 1955 (for summary
ejectment of trespass from the land of Scheduled Tribe) should be exercised by the
Panchayat Samities in the Scheduled Areas.
VI The Sche~uled Castes and Scheduled Tribes (Prevention of Atrocities)
Act, 1989~
Section 3 - Offences of Atrocities.
'I
(1) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe -
(iv) Wrongfully occupies or cultivates any land owned by, or allotted to, or
notified by any competent authority to be allotted to a member of a
Scheduled Caste or a Scheduled Tribe or gets the land allotted to him
transferred;
(v) Wrongfully dispossesses a member of a Scheduled Caste or a
Scheduled Tribe from his land or premises or interferes with the
enjoyment of his rights over any land, premises or water;
(vi) Forces or causes a member of a Scheduled Caste or a Scheduled Tribe
to leave his house, village or other place of residence, shall be
punishable with imprisonment for a term which shall not be less than
six months but which may extended to five years and with fine.
(2) Whoever, not being a member of a Scheduled Caste or a Scheduled Tribe
(vii) being a public servant, commits any offence under this section, shall
be punishable with imprisonment for a term which shall not be less
than one year but which may extend to the punishment provided for
that offence."
VII The Rajasthan Revenue Department Notification Governing the Auction of
Tribal Land Mortgaged to the Bank, 1998.
Prior to 1998 the rules of the Banks were that if a tribal borrower did not
repay his loan, then the Bank would auction the land in its attempt to try to
recover the outstanding loan amount. They could auction it and sell it to a non-
tribal. This then, was a kind of tribal land alienation in which the Banks and
government policy were involved.
However, in a Circular from the Revenue Department, Government of
Rajasthan, Number P.5(3) Rajasthan-4/86 dated January 9, 1998 (09.01.98) the
Rajasthan Revenue Department changed the rule, and now, if auctioned, tribal
land can only be sold to another tribal.
VIII Land RegistryRules Regarding Photograph, 1998.
Under this rule, a photo of both the buyers and the seller is needed.
IX LEGAL AID
THE RAJASTHAN LEGAL AID BOARD
"It is the primary duty of all Legal Aid Committees to provide free legal aid to the
poor. The Chairman, District Legal Aid Committee shall therefore ensure:
i) All legal Aid Committees in his judgeship have sufficient funds ~o provide
free legal aid to the poor. He should also supervise that applications for free legal
aid are disposed of by the concerned Legal Aid Committees without delay and
application forms to obtain free legal aid available in their offices;
ii) Meetings are held regularly and periodically by Legal Aid Committees.
Efforts are made that such a meeting is held at least once a month so that the
pending application for free legal aid may be disposed of and stock of the
performance of the work may also be taken;
iii) Wide publicity through notice boards, at conspicuous places in court premises
and other places, leaflets, etc. is given to free legal aid programmes. The public
should be made aware how free legal aid can be obtained and by whom.
iv) Interaction with the members of the Bar is made from time to time as to how
free legal aid can be provided to the poor and needy persons. Senior members of
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I
the Bar should be motivated to conduct at least 1 or 2 cases of the poor, free of
charge, and junior members of the Bar and women advocates should be
encouragedto be associated with this programme".
Appendix - III
Particulars of pre-1980 Tribal Forest encroachers in the scheduled areas of
Rajasthan
Name of the Districtsffahasils
No. of pre80's Forest settlers
SI.No.
Districts Tahasils
. Puroose indicated Not indicated GT
1.
Sirohi Sburoad and 910 3 913
Pindiwara
139 4 143
Totall
1049 7 1056
2.
Baswara
Bagidara
241 0 241
Garhi
638 0 638
Total 2
Kushagarh
362 0 362
1241
0- 1241
3.
Dangarpur
----------
1947
8 1955
Total 3
1947 8 1955
4.
Udaipur I
Gairwa 1010 734 1744
Gogunda
1405 23 1428
lhadol
1903 129 2032
Total 4
4318 886 5204
5.
Rajsamand Kumbalgarh
881 10 891
TotalS
881 10 891
6.
Pali Bali 291 9 300
Total 6
291 9 300
7.
Chittogarh Pratapgarh
1898 1 1898
Total 7
1898 1 1898
8.
Udaipur II
Kerwada 1384 1 1385
Kotra
1693 3 1696
Salumbar
0 134 134
Sarada
221 300 521
Vallabnagar
00 154 154
Dariyavad
840 480 1320
Total 8
4138
1072 5210
Grand Total (1-8)
15763 1993 17756
Based on a survey conducted by the Astha Sansthan, Udaipur
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APPENDIX IV (a)
FISH PRODUCTION INFORMATION FOR THE LAST FIVE FISHING YEARS
S.No.
Particulars
19988- 1999- 2000- 2001- 2002-03
1999
2000 2001 2001
Upto
March 1.
Total number of societies33 33 34 3535
2.
Fish Production (in Tons)
243.54 456.24 378.32 369.27 177.00
3.
Catching charges (Rs. in
32.57 47.89 29.47 27.23 16.00
. lacs)
4.
Sale Value (Rs. in lacs)
51.41 71.93 47.93 39.50 41.35
A.PPENDIX IV (b)
CATEGORY-WISE CATCHING RATES PAID TO THE SOCIETIES
(Rs. Per K.g.)
SL.No.
Category
Jaisamand
Mahi Bajaj
KadanaBack
Sa2ar
Water
1.
I 21.00 21.00 21.00
2.
II 18.00 18.00 18.00
3.
II 9.50
,
8.50
8.50
4.
IV 28.00 24.00 24.00
5.
V 7.00 7.00 7.00
6.
VI 4.00
----
----
Health Care Centres - Rajasthan.
Appendix-V
Indicator
National Norms Achievements
1. Rural population (2001) covered by
General Total
a:
~ Sub Centre
5000 3000 5401
~ Primary Health Centre (PHC)
30000 20000 32469
~ Community Health Centre (CHC)
120000 80000 2.44 Lakhs
2. Number of Sub Centres per PHC
6 6.01
3. Number of PHCs per CHC
4 7.51
4. Rural Population (1991) covered by
a:
5000
3000 5398
~ MPW(F)
5000
3000 10438
~ MPW(M)
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PART-II
SEHARIA PRIMITIVE TRIBAL GROUP
Basic data about the area, villages and demograhic profile of Seharia PTG are as
under:
Name of
Area in Sq. No. of villages Population of Percentage of
Panchayat
Kms.
Seharia PTG as
total population
Samiti
per
1991
2001 1991 2001
Census
Census Census Census
Kishangani
1451 275
19,190 38,515
17.71% 27%
Shahbad
1468 439
28,632 37,477
34.48% 37%
Total
2919 714
47,822 75,992
2. Land Alienation: Rajasthan Tenancy Act 1955 inter alia provides for certain
prohibitory, penal and pecuniary provisions against land alienation. Section 42-bb
prohibits sale, gift or bequest by the members of Sehari.a PTG in favour of a person who
is not a Seharia. The Act also provides in Section 183 (c) stipulating that if the trespasser
does not hand over/surrender possession of alienated land to a Seharia even after
summary trial, he shall be liable to pay a penalty of Rs. 20,000 or face imprisonment of
one month to three years. In view of the educational and economic backwardness of
Seharias as also the remoteness of the areas inhabited by them, there are chances of fraud
by the meticulous non-Seharias, goading them to transfer their~agriculturalland.
3. The Seharias living in the interior forests of Shahbad and Kishanganj Tahsils
of Baran district of the State fully depended on forest and forest produce. They
manufactured Katha, collected honey and dealt in other forest produce. As
mentioned earlier in Part I, in 1961, Shri U.N. Dhebar persuaded the Seharias to give
up shifting cultivation and the then Chief Minister sanctioned 15 bighas of land for
each family who decided to settle in the villages. The land allotment by the
government was based on Land Settlement Act of 1955, which was updated in 1964.
According to new settlement, land allotted to the Seharias was shown as forest land in
the record of the forest department and the Seharias were uprooted from the land they
had occupied. In 1972, another effort was made for allotment of land to the Seharias
in 21 villages of Kishanganj Tehsil so that the Seharias who were earlier evicted
could be settled on land. The Forest Department declared the tribals as trespassers
under the Tenancy Act and allotted them land in Shahbad tehsil "in such a way that
there was clandestine deal in the whole affair and much of the transfer came out to be
Benami. The Seharias thus remained loser also". Another attempt was made in the
Gandhi Centenary Year in 1969 when it was declared that about 1500 Seharias would
be given possession, on the spot of 15,000 bighas of land. This also failed because of
the dispute between the Revenue and the Forest Departments. Under the 20-point
programme again efforts were made to allot lands to the Seharias but the tribals got
uncultivable land and thus the Seharias were rendered agricultural labourers to big

land-holders.
4. The Commission observed that the District Collector does not have suo-motu
power to take cognizance of land alienation cases without waiting for the Seharia to
lodge a formal complaint against his land trespassed by a non-tribal. .In this
connection, the Commission noted during its visit to Sitabari village in Kishanganj
Tehsil on 3rd July,2003 that one of the Seharlas from whom enquiries were made for
the status of agricultural land available with him, he muttered "Zamin Hai (he has
land)", but when further pressed to say as to how much land he had, he replied
"Patwari Ne Zamin Atter Batter Kar Dee Hai" (patwari has transferred his land
through manipulation of land records)". There can be no greater chilling
account of the Seharia plight and helplessness than this case. This to the
Commission represents the general. view of the Seharias and it is felt that the
existing land legislation needs to be drastically amended to provide for security
of land tenure to the tribals and award of ~rastic punishment to the non-tribals
and even the revenue officials also colluding with the non-tribals in facilitating
alienation of Seharia land to the non-tribals. The Commission at the same time
strongly favours the enforcement of the provisions of the Legal Services Act and
a proper awareness campaign by motivated voluntary agencies to help in
restoration of their alienated land.
5. Education: The percentage of female literacy among Seharias was 3.96%
and 4.06% in Shahbad and Kishanganj Tehsils respectively as per 2001 census. The
education department is running in Baran district a number of primary, upper primary
and secondary schools imparting education to 42,764 primary students, 5,519 middle
stage students, 500 secondary stage students and 1621 senior secondary stage
students. The number of primary schools without buildings is 50 and requiring repairs
is as large as 563. Drinking water facility is not available in all the primary schools.
Information separately of schools run by education department in Kishanganj and
Shahbad Panchayat Samitis has not been furnished. It was found that Seharia students
who have passed primary class could hardly write their names not to talk of writing a
single sentence in Hindi. They could not even sign in Hindi and that the drop out
rate of Seharias in the two Panchayat Samitis was as high as 90 per cent.
Out of 231 Rajiv Gandhi Pathshalas and 155 Shikshakarmi Schools, 107 (46.30%)
and 37 (24%) respectively were without buildings. The reported enrolment was only
14,120 in the former and 13,776 in the latter category of schools. In 107 Rajiv
Gandhi Pathshalas which are one-teacher schools with mostly middle/high school
pass teachers are imparting education upto class -II. There are 420 teachers under
Shikshakarmi Scheme. 124 Rajiv Gandhi Pathshalas were without teachers. The mid-
day meal was reportedly being provided in the schools in the form of ghugri (boiled
Study on Alienation of Tribal land conducted by the MLV Tribal Research Institute
and Training Centre, Udaipur.
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wheat mixed with jaggery) by women cooks, out of which only 20% belonged to
Sehariacommunity.
6. It was informed that the teachers working in Seharia area are mostly drawn from
outside Baran district as local tribal teachers with requisite qualifications are not
available. These outside teachers, mostly absent themselves from schools and they also
manage to get themselves transferred to the place of their choice. We have made
recommendations for giving rmancial incentives to staff working in the Scheduled
Areas and these are also applicable for the employees working in these two Tehsils.
7. The Commission found that there was no proper focus in the educational
development and, therefore, strongly feels that the main thrust for educational
development should come from the education department which' should set apart a
higher percentage of outlay for the educational programmes at the primary and
middle level so as to arrest drop out and ensure a higher retention rate of students.
up to senior secondary I~vel in order to enable them to get a.dmission in
undergraduate colleges. The TAD Dep,artment should ensure that stipends are
regularly given and continue the scheme of free supply of books, stationary and
uniforms to all Seharia boys and girls from primary classes and the Education and
TAD Department should start Ashram schools (residential schools) without which
there will be no advancement of education among Seharias. The education should
be job-firiented unlike the present system which has failed to deliver the goods. ITIs
.should be set up to provide job-oriented training to Seharias like electrician, welder,
technician, fitter, computer operator, typing and shorthand etc. so that after passing
out they can get jobs.
8. Reservation in Services: The Commission found to its dismay that despite
educational programmes, not a single Seharia male or female person has been able
to graduate from any college in the district even after 55 years of Independence.
The Government of Rajasthan had failed to give any weightage to Seharias for
accelerated entry into the Government Service till 1998. It was only in 1999 that
orders were issued that for pay scales of I to 6 and scale of 9 to Physical Training
Instructors of Education, teachers of Panchayati Raj and compounders and nurses of
Ayurveda Department, 25% of the appointments are to be reserved for the local Seharias
of the two aforesaidPanchayat Samitis of Baran District. However, these Orders issued
10 years back do not appear to have brought ~y mentionable improvement in their
representation in these posts. The Commission suggests that the State Government in
TAD Department should evaluate the situation and take corrective action. These
orders of 25% reservation in services should also be extended to sub-centres,
primary health centers and CHCs in the medical department and the lower level
posts in the police, revenue and forest departments.
9. Settlement ofpre-1980 Tribal Forest Encroachers: The District
Collector, Baran informed the Commission that till 1996-97, out of 80 and 27 ST forest
encroachers from Kishanganj and Shahbad tehsils, 69 (81%) and 27 (82%) respectively
were Seharias. The District Collector had forwarded a proposal containing such cases to
the State Government in 1996-97 itself but the outcome is not known.
10. Forest Villages & Minor Forest Produce: There is no forest village in
Kishanganj and Shahbad tehsils. DFO informed the Commission that 200 revenue
villages were taken over in 1965 by the Forest Department. The district authorities
have not informed under what circumstances these villages were taken over and
what is the fate of the oustees? It is not known whether the tribals affected by this
move were given land and financial assistance for their rehabilitation. The present
practice of permitting the contractors from the bordering State of Madhya Pradesh
alongwith hordes of labour for collection of Tendu Patta in Kishanganj and
Shahabad Panchayat Samitis on behalf of the Rajasthan Tribal Area Development
Cooperative Federation (RTADCF) is against the interests of Seharias who should
have been allowed to collect Tendu Patta and remunerated suitably. One of the
objectives of RTADCF is to procure forest produce and they';must discharge their
responsibility by putting a stop to the practice of hiring labour from M.P. for
collection of MFP.
11. Excise Policy: The District Collector informed that the Seharias are not allowed to
brew liquor for domestic consumption as well as for festive occasions, but strangely the
State Govt. has permitted the opening of 14 Indian made foreign liquor shops (IMFL)
plus 6 shops operated by the Ganga Nagar Sugar Mills in the heart of the tribal area. It
was understood that pouches of IMFL are easily available in all the Seharia dhanis
(hamlets). The Commission recommends that there is need for a temperance
movement among the Seharias by reputed voluntary agencies like in the Scheduled
Areas of Rajasthan so that they are weaned away from addiction.
12. Health Care: Kishanganj and Shahabad Panchayat Samitis have got 1 and 5
CHCs, 5 and 3 PHCs and 31 and 29 Sub-Centres respectively which are reported to have
been opened as per relaxed norms fixed by Government of India for opening of health-
centres. According to information furnished by the District Collector, 32%,18% and
22% posts of doctors, para-medical staff and nurses respectively are lying vacant in
these centres and 26 buildhlgs of health care centres needed repairs and
maintenance. The position regarding posting of dais belonging to the local Seharia
community has not been indicated. The Commission was informed by the District
Collector that the buildings needing repairs would be attended to urgently.
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13. Seharia belt is, a difficult region and no monetary incentive is being given to the
medical and para:'medical staff, which is one of the reasons for vacant posts. Apart from
the above health facilities, Stat~ Government has also opened a good number of
ayurvedic. dispensaries. Information regarding the vacancy positi~n of staff in allopathic
hospitals, PHCs and SCs is given in Appendix - 1. Its examination reveals that the
posts of 80% Senior Specialists, 50% Dental Surgeons, cent per cent AMOs,
Medical Inspectors and BHS (female), 31% Lab Technician and 62% Health
Inspectors are lying vacant which, is adversely affecting the availability of health
services in the Seharia belt.
14. The level of infant mortality and maternal mortality is very high. Reason for
this .is that the primary health centres, sub-centres and 'dispensaries are hampered
by staff absenteeism, vacant posts,' non-availability of medicines, lack of clinical
services and x.,.raymachine ..
15. A survey was conducted by..the "ORG Centre for Social Research" in Rajasthan
on the state ofaccessibiHo/and uti1i~ation of health services in the Sehariabelt and it was
found that 78 per cenLof pregI1ant women were availing of rnedical assistance from the
traditional dai~for aI1t~nat~service,oIl,ly one-third of the Seharia children received BCG
and DPT, immuniz;ationand only 66. per cent.children received Polio drops and 25 per
cent children. ,received O,leas1esqmps. )Vhqoping cough, measles and. chicken pox were
more. ramp~t among, Seharill"children "than among other caste children for which. the
present existing health care facilities. wereto blame. We have, made recommendation
inj,>art-l ()(~l1ereport for providing residential ,accommodation to all medical.and
para-medical staff close to the health centres and dispensaries, monetary incentive
to them and other fringe benefits which are also applicable to Seharia belt. ' In
addition, Stat~ lIealthDepartment in collaboration with the Tribal Areas
Development Department should formulate a suitable policy for training of Seharias
for appointment as para-medical personnel.
16. TB Control Programme: SWACH is implementing tuberculosis control
programme since1996-97 covering 267 villages in Shahabad (120) and Kishanganj
(147). It has so far treated 2066 patients out of 2765 identified and 175 were tinder
treatment in the two Panchayat Samitis referred to above. However, there are reports of
occurrence of TB in many more villages. The Commission recommends that all the
remaining Seharia villages in the two Panchayat Samitis should be surveyed and the
number of TB patients treated after identification.
17. Migration / Relief Works: Migration of Seharias for seeking employment
opportunities generally occurs during the lean periods of the year or under famine
conditions witnessed by the Commission at the time of their visit. It was understood that
migration of Seharia adults was confined to areas within the district where employment
opportunities in the form of relief works were in progress. The State Government was
giving employment for 10 days in a month to only one member of family of five and
2564 SA&ST/04-50A
q
two members if the family size is 6-10. It is felt that this belt where the relief works
are likely to benefit the Seharia families only, there is strong case for designing
special employment generation programme where more than one or two members
(if Seharia families could be employed for at least 15-20 days in a month, as a
departure from the general rule.
18. Pradhan Mantri Gram Sadak Yojana (PMGSY): Density of roads per 100 sq.
kms. for tribal areas in Baran district is 11.63 kms. as against 17.04 kms. at the district
level. Many Seharia villages are still not connected with main roads and growth centres.
Information made available shows that six tribal villages with population exceeding
1,000 have benefited under PMGSY scheme at a total cost of Rs. 310 lakhs and 12 more
such villages are to be taken up for coverage by March 2004 at a total cost of Rs. 640
lakhs. But the coverage of PMGSY scheme so far is reportedly confined to only villages
predominantly inhabited by non-tribals. The norms laid down by the Union Ministry of
Rural Development provide for covering villages with 500 population and villages with
even 250 population. The Commission was informed that fresh proposals for providing
additional road length of 215 kms. in 56 Seharia villages with a population of 500-1000
per village each not yet covered under PMGSY scheme were to be submitted to the
Government of India for approval. It is felt that employment to be generated on
account of construction of these roads in the Seharia villages may be provided
exclusively to able-bodied Seharia adults and while doing so care should be taken to
link the villages/hamlets with primary schools, health centres, rural hats and other
important main roads with a view to improving connectivity among Seharia villages
having a population of even 250 as Seharia Bastis (hamlets) are scattered and need
relaxed dispensation.
19. Seharia Vikas Samiti: The Tribal Area Development Department is implementing
programmes for economic and educational development of Seharias through Seharia
Vikas Samiti (SVS) with the head quarters at Shahbad, of which District Collector is the
Chairman. The financial targets and achievements are reported as Rs. 49.20 lakhs and Rs.
28.926 Jakhs for the year 2002-03 against physical targets and achievements of 987 and
557 bcm;-ficiaries respectively. SVS has taken up a number of programmes like share
capital contribution to the co-operative societies; subsidy for fertilizers; deepening and
energizatio.1. of agricultural wells; diesel and electric pump set subsidy; sprinkler
irrigation; drip irrigation and lift irrigation; solar lights; incentives to girls for higher
education; scholarship to talented students and hand-pumps.
20. The Commission recommends that in order to give a focus to the programmes
for economic development like construction of anicuts, diesel pump-sets,
energization of agricultural wells, drip irrigation and lift irrigation, a techno-
economic survey should be undertaken for saturating the Seharia belt by these
programmes in an integrated manner. The Commission also recommends that the
existing rate of Rs. 3500/- p.a. as incentive to Seharia girls to pursue higher
education in an outlying town may be increased from Rs. 3,500/- to Rs. 10,000/- per
annum in view of escalation of prices. The children studying in primary and
secondary classes should be distributed free books and stationary at the
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commencement of the academic session. To overcome the problem of disinclination
of teachen to serve whole-heartedly in the schools, they may be -I"ecruited on a
contract basis along with incentives like grant of special pay, residential
accommodation and leave travel concession.
21. Quiet a good number of hand pumps provided in the villages for. drinldng water
have dried up due to excessive withdrawal of ground level water. TheCommission
recommends that apart 'rom, deep boring of dried up hand-pumps, alternative
source of water like provision of tankas for storing water for the lean period and
installation of rain water harvesting structures may be provided to augment the
water supply.
22. Unlike in Andhra Pradesh, Orissa, Madhya Pradesh, Chhattisgarh, Gujarat, etc.
where voluntary agencies are actively involved in educational and economic
development of PTGs, they have no presence in Rajasthan. The Commission
recommends that motivated voluntary agencies may be given financIil ass!stance for
implementing programmes of economic development for income generation and
educational activities on the lines of the work being done by Vanvasi Kalyan
Parishad, Astba. Sansthan, Satguru Foundatin, Gramin Vikas Trust, etc. in the
Schedule~ Area of Rajasthan.
23. BPL families and Fair Price Shops: The District Collector, Baran informed the
Commission that there were only 7147 Seharia families below the poverty line in
Kishanganj (3507) and Shahbad (3640) Panchayat Samities. The Commission however
feels, after seeing the conditions of Seharias in villages and meeting the tribal
leaders that this estimation is on the lower side. Out of 490 fair price shops in the
district, 146 are in the Seharia belts out of which 9 only are managed by Se~arias. The
Commission recommends that preference must be given to Seharias in allotment of
fair price shops for which RTADCF should give them loans.
24. Housing: Available information shows that only 468 housing units have been
constructed for Seharias of Kishanganj (229) and Shahbad (239) under Indira Awas
Yojana and another 37 under SGRY in Kishanganj (12) and Shahbad (25). In addition,
the Seharia Vikas Samiti has provided 314 dwelling units in Kishanganj (149) and
Shahbad (165). The effort made under various programmes of providing housing units to
the Seharias is not sufficient. During visit to Kushalpura village, the Commission found
that all 200 hats made of thatched walls and the roofs were covered with Flash leaves.
Commission was informed that a proposal has been submitted for providing housing units
to 6,000 such families. A crash programme of providing dwelling units to all the
Seharias should be provided in a time-bound manner during the 10th Five Year Plan
period. The State Government has informed that as per the Seharia tradition, a
cattle-shed is kept adjoining to the dwelling unit, separately. The Commission feels
that the cattle-shed should constitute a separate block for the households so that the
tribals do not suffer from unhygienic conditions.
25. Electrification of Seharia dhanis (hamlets): According to the data supplied by the
District Collector, only 203 villages out of 275 in Kishanganj and 166 out of 439 in
'1
Shahbad respectively have been electrified. In other words, 369 villages have so far not
been electrified out of 714 Seharias villages in the two Panchayat Samitis. The budget per
village for providing electricity is Rs. 2 Y2 lakhs. The Commission found that not a single
farrily out of 200 Seharia families of Kushalpura village have been provided,domestic
ele...:.ficconnection. The Commission feels that the very fact that an electric pole has
been erected in a village does not mean that the benefit of electrification has reached
all the Seharias living in the village. We have made recommendation in this regard
in part-I of this Report which are applicable to Seharia belt also.
26.Indebtedness: A sample survey of indebtedness conducted in 1994 by TRI,
Udaipur mentions that " more than three-fourth of Seharia households are
indebted. The quantum of debt being as high as Rs. 6,000 per household (interest part
excluded)". Further, 72 per cent of the debts were incurred for unproductive purposes
like marriages and social ceremonies. Another major finding of the study was that
Seharias despite poverty, over-sp~nt on social customs and marriages, thereby making
themselves permanently bonded to the moneylenders. The Commission recommends
that the Seharia Vikas Samiti should ensure that relief in indebtedness admissible
under the provisions of the Rajasthan Relief of Agricultural Indebtedness Act is
provided to the Seharias. In addition, alternative concessional loans may be
arranged for such Seharias who are neck-deep in debt. The Commission also
recommends that a repeat survey of indebtedness may be done to ascertain the
impact of poverty alleviation programme implemented so far by the Tribal Area
Development Commissioner through the Seharia Vikas Samiti and a strategy
chalked out to rid the Seharias of indebtedness.
27. Constitution 73,d Amendment: Programmes of certain departments which
are comp)irnentaryin nature such as allotment of diesel pumpset by the Project Officer,
ITDP and deepening of borewell should run hand in hand otherwise a diesel pumpset
without deepening of borewell has no meaning. Such examples can be multiplied.
Scharias elected to Gram Panchyats as per Constitution 73rd Amendment should
also be actively involved in formulation and implementation level committees set up
at Gram Panchayat and Panchayat Samiti levels for the purpose.
28. Bench Mark Survey: The Ministry of Tribal affairs have asked the State
Government to undertake a base line survey of Seharias with a view to have authentic
data on population, literacy and other related information. The State Government
informed the Commission that the base line survey was commenced in June 2003 to
ascertain the socio-economic level of the Seharias. The State Government should
expedite the survey within the time frame of six months allotted for the purpose so
that special schemes are designed for the Seharias with a focus on their overall
educational and economic development and protection from land alienation. The
strategy should be to bring them up as viable cultivators.
29. Conclusion: The Chief Secretary, Govt. of Rajasthan told the Commission
at the time of the State level meeting held in the State Secretariat on 05.07.2003 very
candidly that the present programme for Seharia development are not "properly
focused". This in brief also sums sup the Commission's anxiety that in spite of the
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fact that the development pr<Jgrammes for Seharias are under implementation
lsince 1977-78, there has been no substantial impact. The Commissioner, Tribal
Area Development, Udaipur who is overall in charge of Seharia areas has no
presence worth the name with a view to formulation, implementation, monitoring
and evaluation of the programmes. There is need for appointment of a senior
officer in the Seharia Vikas Samiti to take care of the Seharias who are the most
under privileged group among the Scbeduled Tribes of th~tate.
30. All said and done, the Commission is convinced hat Seharias still remain outside
the pale of developmental programmes initiated laudably by the Governments of India
and Rajashtan. Many of the Seharias are not aware of their land titles. According to one
former District Collector of Baran who had done good work for the development of
Seharias for a few years before this transfer to bring the Seharias fr0Irl the Patwarl -
Sahukar nexus, has mentioned sorrowfully in one of his publications how outsiders are
making tribals "mortgage their land for availing bank loans through forged documents.
This according to him explains that the bank officials are also a part of this nexus and the
Seharias lose their land. Secondly, according to him, and rightly so, the punishment
for the encroaching tribal land by non-tribals is six months jail and or a fine of Rs.
20,000 under Section 183(C) of the Rajasthan Tenancy Act, 1955 but the fact of the
matter is that there has been no conviction so far under this Act. The Commission
recommends for the rigorous implementation of RTA, 1955 with suitable
amendment in the legislation to give the Collector suo-motu power to ensure that
non'-tribalswho have managed to take control of tribal land are punished and lands
restored to the Seharias.
11
APPENDIX I
Vacancy Position of Hospitals/PHCs/SCs
SI.No.
Name of Post
Sanctioned strength Vacancy Position
1.
Senior Specialist
30
24(80%)
2.
Medical Officer 61 0
3.
Dental Surgeon
2
1 (50%)
4.
Male Nurse 23
32 (79.05)
5.
Staff Nurse 20
2(79.05%)
6.
Sector Supervision
23
23(cent%)
7.
Lady Heath Visitor
31
3(9:68%)
8.
AMO 2
2 (centT%)
9.
MI 7
7(cent%)
10.
BHS Male 6
1(16.67%)
11.
BHS Female 6
6 (cent%)
12.
Senior Lab Technician 1 0
13.
Lab Technician 42
13 (31%)
14.
Health Inspector
8
5 (62.5%)
15.
Food Inspector
1 0
16.
Radiographer
2
1 (50%)
17.
Asst. Radiographer
6
2 (33%)
18.
Social Worker 2
1 (50%)
19.
Dental Teclmician
2 1 (50%)
20.
Vehicle Driver 22
2 (9%)
21.
Sr. MPW&FHW 80'" 0
22.
Multi-Purpose Worker
56 0
23.
Ward Boy
89
9(10.11%)
24.
Sweeper
43
7 (16.28%)
Male-56 and Female-24
+Ii~t Iil I I II II I I I i; I' il ~ Iii If' i (,;
PART-III
DISPERSED TRIBAL GROUPS
Western Rajasthan can be divided into Arid, semi-Arid and non-Arid
districts for the purpose of implementation of economic development
programme. The total population of the dispersed tribal population consists of
17.311akhs which constitutes 31.62per cent of the tribal population in the State.
Jaisalmar, Barmer, Jodhpr, Bikaner, Jhunjhuna etc. are in the Arid zones and the
main occupation of the tribal is animal husbandry. Agriculture is the main
occupation and animal husbandry is secondary occupation in the semi-Arid
districts of Jalore, Nagour, Pali, Ajmer, Churu, Sikar etc. In the non-Arid zone,
which covers the districts like Kota, Bundi, Jhalawar, Bharatpur, Dholpur, Tonk,
Bhilwara, Baran, Sirohi, Chittorgarh etc. the tribals are primarily engaged in
agriculture with animal husbandry and household industry are their secondary
occupation.
2. the tour in the districts of Barmer, Jaisalmar and Jodhpur was undertaken
to study the social, educational and economic development of dispersed tribal
communities of the border areas of the State. There is no separate machinery at
the regional level for the dispersed tribal population. The District Rural
Development Officers who are managing the DRDAs are also implementing the
funds released by the TAD Department for the development of dispersed tribal
population. Due to lack of any co-ordinating agency and grievance redressal
machinery in the far-flung Western Rajasthan at regional level, the impact of
the tribal development programmes on the dispersed tribal population did not
appear to be tangible and perceptible. Therefore, the Commission would
suggest that a co-ordinating agency of the TAD Deptt. should be set up in
Jodhpur town for the Western Region.
3. the STs (Bhils) had a population of 60,819 (2.82%), 16,097 (4.45%) and
84.232(5.87%)in Jodhpur, Jaisamler and Barmer districts respectively but of the
total ST dispersed population of 17.311akhs in the State in 1991. These being
border districts are very sensitive due to the fact that most of the Bhil population
lives close to the Indo-Pakistan border, where the Muslims constitute a majority
apart from SCs whose population is quite sizeable in that area.
4. District Rural Development Agency: All the programmes of the Tribal
Area Development are implemented through the DRDA, whose hands are full
and our assessment of the ground situation is that the Project Officers, DRDAin
these districts are enthusiastic to undertake tribal development work. Under the
given circumstances, the DRDA machinery should be regularly oriented
towards tribal sub-plan strategy. The District Collector should assess the
'1
ACRs of the development officers of the DRDA in terms of their dedication to
the development of tribals. Such a policy is bound to quicken the pace of
tribal development in these districts.
5. Some other special problems which came to the notice of the Commission are
given below:
(a) Rajasthan SC & ST Finance & Development Corporation:' The
Commission came across several cases of STs (Bhil)allottees of land in command
areas of Rajasthan canal at the tail end which requires large investment before
making it cultivable. The STs did not have sufficient resources to level the land
at the tail end of Rajasthan canal and therefore gave away their lands at throw
away prices since the aforesaid Corporation office bearers would not entertain
the applications for grant of loan on the plea that the Corporation was meant to
cater to SCs only. This calls for immediate enquiry. The settlement of BhiIs on
land in the command area of Rajasthan canal should be encouraged and a
scheme should be chalked out for providing loans/subsidy to the beneficiaries
through the aforesaid Corporation.
(b) Mining and Quarries: There are many quarries in Jodhpur district,
which are operated by non-tribals even through the tribals live in the vicinity of
these mines. Th~trlbals of the district being landless are working as labourers in
these mines. Their associations wanted that the State Govt. should set apart a
quota of mining licences for quarries for tribals so that with suitable financial
assistance from the existing financial institutions they can do mining and assure
their upward mobiJ ty. The State Govt. should take necessary steps to earmark
a reasonable quota ot mining licences for tribals to run them on cooperative
basis so that a large number of tribals are economically assisted.
(c) The Commission feels that wherever the land of the tribal is suitable for
commercial crops like Moong, Bajri, cumming seed (zeera), easa bagoIe,
horticulture, etc., they should be given assistance to have irrigation facility by
boring of weIl~.. CAZRI, Jodhpur may also be consulted to help tribals in
improving the agricultural practices to increase the yield.
6. Hostels: The State Govt. has issued instructions that 5 to 10 per cent
of seats in general hostels should be reserved for SCs and STs. The Commission
was informed that there is not a single Scheduled Tribe student admitted in the
general hostels. The STs due to their poor economic position are forced to give
up their studies at the higher secondary and college level. It is therefore
necessary that wherever there is a middle or high school, the management and
opening of such hostels should be entrusted to the voluntary agencies for the
admission of ST students. It was noticed by the Commission that the benefits
of these educational schemes like the reimbursement of boarding fees for
tribal students, scholarships to talented students at the college level, economic
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help to tribal girls for higher education, etc. are being derived by the students
belonging to Mina community. In all the educational programmes, it is
necessary to lay down the principle that the first priority should be given to
the Bhils who are the most backward tribal community in the border districts.
Even though, thereis reservat!0n of seats for tribalsin professional institutions, it
was found that the tribal girls/women in the aforesaid districts have not been
able to get admission to these educational institutions which are located quite far
away from Barmer arid}aisalmer districts and the seats earmarked for tribals are
corneredby the more forward tribal communities.' In a particular case, it has
been found that 33 out of 34 Sf girl students admitted in polytechnic and
engineering college hostels during 2002-03 at Jodhpur belonged to Mina
community and only Ihosteller belongedto Bhil community.
7. Female Literacy: The Conimission toured several villages in urban Bhil
bastis in the aforesaid three districts and found that the level of tribal female
literacy of Barmer of Bhils.in the 8 Panchayat Samitis ranges from 0.20 per cent,
being the lowest in Chowhtan Panchayat Samiti to 07.4 per cent being tJ:lehighest
in Bayut Panchayat Samiti as'per 1991census. The Commission visited the Sheo
Panchayat Samiti of Barmer district, which has female literacy rate of 0.60 per
cent.
8. LowLiteracy Education Complexes for Scheduled Tribe Girls: There
is a provision in the Tribal sub-Plan for setting up of 19 low literacy educational
complexes for tribal girls up to primary stage in the pockets where their
enrolmen~is quite low and there is need to step-up their enrolment through State
intervention with 100% grant. At present, there are 7 complexes in the Scheduled
Areas of. the State. These are located at Kota, Jhadol, Ambavi, Manpura and
Phalasia in Udaipur district and Banswara, Bhandaria in Banswara district. The
Commission feels that in such pockets where the Bhils have predominant
population, the State Govt. should immediately assess the possibilities for
locating some educational complexes on the above lines in the aforesaid
border districts.
9. Rajiv Gandhi Prathmic Patshala:The Govt. of Rajasthan has opened
several institutions imparting primary education to the rural community under
the scheme of Rajiv Gandhi Mission. There are about 2,300 such schools in
Barmer District alone. It was understood during the course of meetings that all
the schools were closed due to prolonged agitation by the school teachers who
were demanding better service conditions and further the selection of teachers
was not done in a fool-proof manner. Gram Pramukh had been delegated
powers. to appoint teachers in the schools without regard to minimum
educational qualifications. There are a number of cases where even middle class
passed candidates had been selected for appointment. The Commission feels
that the scheme needs to be restructured. The teachers should not be
'789
appointed on an ad hoc basis by the Gram Pramukh. The Selection Committee
with representation from the Education Department and retired educationists
etc. should appoint teachers.
10 Timely payment of stipends: It was brought to the notice of the
CornJ.llissionduring the tour of these districts as well as to some schools that not
all tribal school going children in classes VI - VIII were getting stipends for full
10 months, as per instant rules. The State Govt. should ensure timely payment
of stipends to the tribal students for full 10 months and revise the rates
upwards periodically depending on the increase in cost of living.
11. Self Employment for Middle School Passed Out Girls: TAD Deptt.
should draw a scheme for admiss~onof tribal girls in industrial training centres
to get self employment in desert districts as the prospects of qualified Bhil girls
getting self employment exist.
12(a) Cooperativisation of Bhil carpenters: Bhils and SCs of Barmer district
are talented carpenters but they have not been brought under the cooperative
fold to enable them to get fair price for the manufacture of intricate furniture.
DRDA being the implementing agency for the schemes should look into the
matter and do the needful.
(b) Organisation of tribal women cooperatives: The tribal leaders who met
the Commission at Barmer, complained that their women are talented in
embroidery work but due to exploitation by the middle-men, are not given
adequate compensation for their intricate ~mbroidery work. The Commission
suggests that the rural tribal women should be organized into cooperatives to
enable them to sell their embroidered output to Khadi Gramodhyog Board for
getting adequate remuneration.
13. Antodya Programme: The Commission observed that the Antodya
families are getting assistance like subsidized ration, famine relief etc. in the
districts of Barmer, Jaisalmer and Jodhpur. The ration is given once in two
months instead of on monthly basis. Deserving tribals were deprived of the
timely benefit due to them. The Gram Sabhas are not involved in the process of
selection of BPL families. The Commission suggests that the selection of
Antodya families from the tribal group in the border districts under the
Antcdya Prograrlme should be more transparent, fool-proof and the leaders of
tribal members of Gram Panchayat should also be involved in the selection
process.
14(a). Allotment of Urban Land to STs:The State Govt. had issued Order on
15.9.83to allot pattas of land in municipal areas at a nominal rate of Rs. :5 to
persons who have been in continuous possession of the land for 40 years or
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more. However, in the case of STs, the Govt. has relaxed the norms vide
Order, dated 24th April, 2002 to the effect that they should be in continuous
possession of land for 20 years only with effect from 1.1.1980.The progress of
allotment of house sites in urban areas to STs should be evaluated
periodically.
(b) Housing Complexes for tribals on urban land:It was represented by Saira
Devi, a tribal and a Corporator of Jodhpur Municipal Corporation that many
Bhils living in urban areas of Jodhpur town, were houseless. The Commission
found during the tour to Pokhran, Barmer and Jaisalmer towns that the Bhils
there were mostly living in bastis on municipal land and they were under
constant threat from the people with political clout to evict them from such land
and occupy the same for ulterior motives. The Commission is aware that the
tribals are a marginalized section of the society. As abadi land in urban areas has
become a precious commodity and without State support, the tribals cannot have
housing units. Therefore, the Commission suggests that decent dwelling units
with all modern urban amenities should be constructed at such places where
there is demand and the same allotted to the houseless Bhils. At the same
time, it is necessary that the State Govt. should also arrange credit at easy rate
of interest for them and provide for a subsidy component so as to mitigate
their financial hardship.
15. Medical and Health Services: Detailedproformaewerefaxedto the Health
Officers of Jodhpur, Banner and Jaisalmer districts at the time of the meeting on
February20, 2003to supplydistrict-wisedetailsof medicalandhealthservicesprovided,
manpowerand machinery,list of medicinesbeing providedto the tribals for special
diseases like T.R, Leprosy and Malaria, list of medical centres and facilities for
alternativemedicinesdistrict-wiseand availabilityof drinking-waterfacilityin eachand
everyvillagebut the informationwasnot furnished.
16. Issue of Health Card to BPLfamilies: All BPL families in rural areas
have been issued health cards to enable them to have access to free medical
assistance. Enquiries in Barmer, Jaisalmer and Jodhpur districts revealed that
not a single tribal holder of health card had received any medicine when in
need, as the same were reportedly not available. One of the guidelines_
mentioned .on the reverse of the Health Card indicates that the beneficiary can
approach the District Vigilance Officer for redressal of grievances like non-
availability of medicines. Obviously, the illiterate sick tribal patients were not
able to take advantage of the cumbersome and time-consuming procedure. Even
one tribal T.B. patient of Bhilon Kar Par village in Barmer district could not get
any medical assistance despite his having a health card. The Commission
brought this to the notice of the Project Director DRDA, Barmer for remedial
action..
17. Reservation in Services: There was great resentment among the Bhils
that their educationally qualified candidates were not inducted into services for
which they were qualified. The Minas of plain districts of Swaimadhopur,
Jaipur, Alwar, Bharatpur, Kota, Bundi, Tonk and Sikar who constitute more than
49 per cent of the tribal population are more vocal, educated and articulate and
have allegedly secured a major chunk of the jobs. Suggestions made in part I of
the Report also hold good for dispersed tribal population.
18. Border Area Development Programme: The Border Area Development
Programme with an allocation of 9.40 crores was taken up in the aforesaid
districts with effect from 1994-95. The border area funds are allocated by the
governing council which consists of Zilla Pramukh as Chairman, Project Director
of DRDA as Member Secretary and Collector, MP/MLAs and Superintending
Engineer Public Works as Members. The sector-wise allocation mostly relates to
expenditure on laying of roads, drinking-water, education, SCs and BSF
Chowkis. Priorities have been given to four border blocks, namely, Barmer,
Sheo, Chowtan and Dhori in Barmer district. It was brought to the notice of the
Commission at various places, during the course of the meetings with the
scheduled tribe associations and tribal leaders at the district level at Jaisalmer,
Barmer and Jodhpur that the funds available under the programme, are being
cornered by a dominant community reportedly on account of their better
political clout. The Commission feels that it has no objection to the extension
of benefits to the deserving members of the dominant community, but the
interests of the Bhils who also constitute sizeable population in the border
blocks and are economically and educationally backward should not be
overlooked. The BADP should pay attention to the Bhils by connecting Bhil
bastis with main roads, conversion of Katccha Tankas to pakka Tankas in
these bastis and construction of hostel buildings for Bhil girls, in the vicinity
of secondary, senior secondary schools so as to facilitate their entry into
professional educational college/institutes. We were also informed that there
has been mis-utilization of funds and at the same time, a large number of
border villages inhabited by Bhil population, have not been covered under
BADP. Further, in many cases assistance has been given to those villages,
which do not lie on the international border.
19. Central Arid Zone Research Institute (CAZRI) established in 1952 by the
Govt. of India has 284 hectares of land and 8 divisions devoted to scientific research.
The Western Rajasthan is an arid region. Hard-pressed, due to scanty rainfall, the
marginalized and small farmers (with negligible State intervention) had no other course
but to migrate to neighbouring States like Gujarat and Mabarashtra to work as farm
labourers and industrial workers in the industries which had come up in these States. The
CAZRI conducts socio-economic feasibility studies on agri-horti-silvi and the pastoral
development to offset this trend. The Bhils who live in the sensitive border districts
are a neglected lot and on the bottom line of economy. CAZRI should organize
short-term training programmes on a regular basis for them with a view to
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transferring scientific knowledge available with the Institute so as to optimize the
income generation of small and marginalBhil farmers. The Union Ministry of
Tribal Affairs and the TAD Departmentof~jasthan should place adequate funds
for meeting boarding and lodging expenses at the disposal of the Institute to enable
them to organize these training courses on a regular basis. The Institute has the
faculty and infrastructure like hostel accommodation for the tribal trainees.
20. Pradhan Mantri Gram Sadak Yojna (PMGSY):The Commission inspected
a 0.750 Kms. of a Gram Sadak (rural road) constructedunder the scheme which
has connected a tribal habitation, namely Bhilon ka Par inhabiting 100 Bhil
families with Gagaria Dastan Road in Sheo Tahsil of Barmer district at a cost of
Rs. 11.2Iakhs. The construction was started on the 25th of January, 2002 and
completed on 24th of July, 2002 in a record time lying in a remote rural area. The
contractor has given five years guarantee to repair the road in case it is damaged
during that period. The local Bhils were happy for the provision of this amenity.
The Commission recommends that all such Bhil habitations in the desert
districts of Rajasthan should be connected with main roads underPMGSY
Scheme, on a priority basis. Such roads should as far as possible link the
educational institutions, primary health centres' and sub-centres adjacent to the
tribal habitations so that apart from other economic .advantages, these
community facilities are accessible to the Bhils round the year.
21. Plight of Hindu Migrant Tribals from Pakistan: A large number of Hindu
Bhils, (ST in Rajasthan) from Pakistan crossed over the international boundary and
migrated to Rajasthan due to harassment and lurking fear of forcible conversion after
1971 Indo-Pak war. The migrants possessing valid passports and visas issued by the
Govt. of Pakistan are living in various bordering districts of Rajasthan for the Jast three
decades. Their economic condition is pitiable, as they are not recognized as :~!lizensof
India. They face great hardship in getting their visas renewed annually from the"Pakistan
High Commission at Delhi. The State Govt. has not issued ration cards and denied their
. entry into the State Govt. services. They work only as labourers. The Commission
recommends that the Bhil tribals who have been living in India for over t!tree
decades should be given citizenship rights.
Sikkim
Sikkim became the 22nd State of the Indian Union on 26th April, 1975. The State has
International land borders with Tibet (PR-China) on the North, Nepal on the West and
Bhutan on the East. There are 4 Districts in the State namely - North District, East
District, South District and West District with 9 Sub-Divisions comprised of Revenue
Blocks and Gram Panchayats. Under Article 371F of the Constitution, special
provisions have been made with respect to the State of Sikkim.
Vital statistics in respect of the State are as under:-
Geographical Area
Population
1991 Census
2001 Census
Population of
Scheduled Tribes
1991 Census
2001 Census
District-wise break-
up of ST population
as percentage of
total population
East-Distt
West-Distt.
North-Distt.
South Distt.
Density of population
Sex Ratio
7096 Sq. Km.
4,06,457 i.e. 4.06 Lakhs
5,40,493 i.e. 5.40 Lakhs
22.36% 90901
20.61% 1,11,405
1991 Census
32.04%
19.66%
55.38%
16.90%
76 per Sq. Km. (General)
980 (STs)
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Scheduled Tribes
As per the Constitution (Sikkim) Scheduled Tribes Order, 1978, the following tribal
communities were notified as Scheduled Tribes:-
1. Bhutia (including Chumbipa, Dopthapa, Dukpa,
Kagatey, Sherpa, Tibetan, Tromopa, Yolmo)
2. Lepcha
Under the Scheduled Castes and Scheduled Tribes Orders (Second Amendment) Act,
2002, the following communities have been added to the list of Scheduled Tribes ad
seriatim:-
3. Limboo
4. Tamang
A brief about major ethnic tribes is as under:-
1. Lepcha Lepcha tribal community is believed to be one of the
indigenous tribes of Sikkim having a distinct language with
.
their own script, costume and food habit etc. They refer to a
long string of research work to establish that the Lepcha
community is the only indigenous primitive tribe of Sikkim. A
mention is also made of the comments of the Col. G.B.
Mainawaring in his work - Grammer of Lepcha Language -
1897 which reads Utoallow the Lepcha race and language to
die would indeed be most barbarous and inexpressibly sa.d".
The Lepchas call themselves the Rong-pa (ravine-folk) and
claim to be the autoch-thones of Sikkim proper. With the
ecological degradation and environmental changes
threatening the fragile eco-system of the Sikkim Himalayas,
the forests, which the native Sikkimese believe it to be their
original home and its resources are fast depleting. Lepcha
community has demanded a priority to be accorded for the
protection of their social and economic interests and that they
should be categorized as Primitive Tribal Group.
19~
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The Commission on a quick on the spot analysis

concluded that their demand for categorizing as PTG
appears justified.
2. Bhutia Bhutia is another major tribal community in the State. The
Sikkimese Bhutia tribals claim to be distinct from Bhutia tribes
elsewhere. The Bhutias also claim that the 8 tribal
communities listed as Bhutia under 1978 order is wrong. Only
the Bhutias of Sikkimese origin should have been listed as
Scheduled Tribe. Their plea is that these 8tribal communities
should not have been clubbed as Bhutias under the 1978
Order. Some comparative studies done show that there are
some variations in the observance of the custom and rituals,
fairs and festivals, and in respect of costumes, ornaments etc.
among these 8 communities grouped as Bhutia. Yet, almost
all of them have the Lamastic Buddhism as their religion with
some of them still practicing the animistic and Bon rituals.
3. Limboo Limboo community is said to be an aboriginal tribe of Sikkim.
Traditionally known as 'Tsong' it has claimed to have been a
party to Tripartite Treaty in 1642 known as 'Lho-Men-Tsong-
Sum' as an instance to prove their place in the ancient history
of Sikkim.
The nativity and of being a traditional community with an
historical place is recognized to some extent. All these have
perhaps provided a justification for the inclusion of Limboo as
a scheduled tribe as notified under Scheduled Castes and
Scheduled Tribes Orders (Second Amendment) Act 2002. As
per 1991 census, population of the Limboo was 26985 i.e.
6.64% of the total population. Population of Nepali i.e. 256418
also included some Limboos and entire Tamang as claimed
by the Limboos.
4. Tamang Tamang community is believed to be one of the Tibeto-
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Burman speaking communities which were originally called
'Bhote'. The horse-riders of the 'Bhote' tribe were called
Tamang i.e. 'Ta' means 'horse', 'Mang' means 'rider' or
'trader'. The population of Tamang community is stated to be
35000 as per 1991 census. Tamang dialect shares with the
Tibetan language for around 50% of the words. Their
costume and ornaments differ a little from that of Tibetan and
the group of tribes bracketed with Bhutia. Since long time in
the past Tamangs have accepted the .Lamaistic Buddhism
with the spread of Buddhism in Tibet and Sikkim.
Conflicting claims
Sikkimese Bhutia & Lepcha tribes have formed an organization which has an Apex
Committee. They have.their own view points about nativity of the tribes of Sikkim.
They claim that these two tribes are the original tribes and are the natives of Sikkim.
The Sikkimses Bhutias claim that the 8 communities listed as Bhutia under 1978
Order is wrong. In their memorandum submitted to the team of the Commission during
its visit they have stated that the movement for the preservation of the distinct identity
of the indigenous Sikkimese Bhutia - Lepcha and restoration of their political rights as
per Article 371 F of the Constitution led to the formation of Sikkimes Bhutia - Lepcha
Apex Committee (SIBLAC) in 1999, as an umbrella organization of the Bhutia -
Lepcha communities of Sikkimese origin.
They have demanded that the Scheduled Castes and Scheduled Tribes Orders
(Amendment) Act, 2002 has ignored the demand of the Sikkimese Bhutia - Lepcha for
the preservation of their distinct identity particularly that of Sikkimese Bhutia and the
said Act should be further amended by removing the eight communities from the
definition of the "Sikkimese Bhutia". They further contend that instead of doing that the
Schedule Caste and Schedule Tribe Order (Amendment) Act 2002 has included two
more communities, Limboos and Tamangs in the Schedule Tribe list of the State. A
quite serious debate has been generated among these tribes on the addition of
Limboo and Tamang as Scheduled Tribes. Their apprehension perhaps has been that
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with the addition of these two communities as scheduled tribes they would also
become eligible to contest seats under the reserved Territorial Assembly
COr'1stituencies. Going by the wording of the Representation of People (Amendment)
Act 1980, the fear seems unfounded.
Special Areas
Dzumsa - This is a traditional institution known as Dzumsa in the Panchayat Areas of
Lachen and Lachung in the North District of Sikkim. The Panchayat Areas of Lachel1
and Lachung have individual Dzumsa the literal meaning of which is - Dzum (meeting)
Sa (place) i.e. meeting place which is otten named as Tribal Council which actually
appears to be a Panchayat since there is now a provision in Panchayati Raj Act in
Sikkiill for this traditional institution of Dzumsa.
Lachen Dzumsa consists of Lachen Revenue Block and has population of 1640 (1991
census) and are inhabited by Lachenpas tribe who fall under the Bhutia
community/tribe.
Ladwng Uzumsa consists of Lachung Revenue Block and has a population of 2086
(1991 censL.s) and are inhabited by Lachungpa tribe who also fall under the Bhutia
These Paflciiayat Areas are located in different valleys leading upto Lachen - La
(pass) + chen (big) and Lachung - La (pass) + chung (small) along the International
border in the North District of Sikkim.
These areas have been, under this traditional institution of Dzumsa in the form of a
Local Self-Government headed by an elected Pi-Pan (People's Ruler) and a Gya-Pon
(a Deputy). The Pi-Pan of Dzumsa have been delegated powers of Gram Panchayat
by the Sikkim Panchayat Act 1993 in addition they also exercised powers as
traditional institution which however is not codified.
The economy of the Bhutia is basically animal husbandry, forestry and too a lesser
extent horticulture.
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The Commission discussed with the cross-section of tribals and some
officers to assess the feasibility of declaring the Lachen and Lachung
Revenue Blocks as Scheduled Area under the provisions oftha Fifth
Schedule of the Constitution. The Commission recommends that the
Lachen and Lachung Revenue Blcoks having preponderance of tribal
population, which are presently governed under Dzumsa, together as a
compact area can be notified as Scheduled Area. The combined Revenue
Blocks when brought under the Scheduled Area can have one ITDP for
comprehensive development in place of each Revenue Block having
ITDP.
Dzongu - It is a geographical area in the North District of Sikkim inhabited by Lepcha
tribe which is a reserved area for the indigenous Lepcha tribe. Ever since the time of
Chogyals (Kings of Sikkim) Dzongu has always been the reserve of the Lepcha where
the tribals including Lepcha who are not indigenous to the Dzongu are not allowed to
settle in the area and even a visit from an outsider is regulated under a permit system.
It is an Assembly Constituency consisting of 13 Revenue Blocks of which 3 are in the
South District and 10 are in the North District. It consists of 8 Gram Panchayats of
which one is in the South District and 7 in the North District. The population of this
constituency'was 9086 (1991 census) of which 2262 are in the South District.
It is r~commended that Dzongu comprised of 13 Revenue Blocks - 3 in
the South District and 10 in North District - with 8 Gram Panchayas - 1 in
the South District and 7 in North District may be notified as Scheduled
Area under the provisions of the Fifth Schedule of the Constitution and
should have an ITDP on the pattern proposed for Dzumsa being a
compact and contiguous area with a sizable number of Revenue Blocks
and Gram Panchayats instead of having the ITDP in each of these
Revenue Blocks.
SIBLAC pointed out that the De-limitationCommission has proposed to scrap Dzongu
Constituency from the list of Assembly Constituencies reserved for the Sikkimese
Bhutia - Lepcha which they say is against the provisions of the Article 371 F of the
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COr.stitution and the Supreme Court's ruling in RC Poudyal Paul versus Union of
India.
The Commission is of' the view that the Government of India in
consultation with the State Government may go into the rationale of such
a proposal of the De-limitation Commission with respect to the Dzongu
Assembly Constituency.
Tribal Sub-Plan (TSP)
The State of Sikkim has adopted the Tribal Sub-Plan (TSP) strategy since 1979-80.
The main thrust .of the TSP strategy.in all these years have been on the Human
Resource Development: creation of infrastructural facilities and on the programmes for
the employment and income generation. The 10th Five-Year-Plan and Annual Plans
have specifically laid-down the pattern of funds flow from the State Plan to Tribal Sub-
Plan. Funds are earmarked to the Sectoral Departments for planning and
development of schemes as well as for the implementation in the Departments of
Agriculture, Horticulture, Animal Husbandry, Irrigation, Education, Social Welfare,
Medicai and Public Health etc. Out of the State Plan the funds flow to the TSP, during
the ,A,nnual Plan 2002-03 has been at 23.5%. In absolute terms the funds earmarked
for these sectors under the TSP was to the tune of Rs. 31.39 crores which is close to
the ST population percentage of 22.36% in the State. The Department of Social
\/\ielj~r':-: looking after the tribal development and tribal welfare has the responsibility
only to imfJlement the TSP schemes in the social welfare sector. In respect of TSP
fl!nds with l.he other major Sectoral Departments which actually implement the
schemes and projects for Tribal Development, the duty of the Social Welfare
Department is confined to monitoring alone without having powers to make initial
earmarking of the Plan funds to the TSP. The Department of Social Welfare during the
meetings with the Commission had proposed that the State may have to adopt
Maharashtra model of TSP for the effective implementation of schemes/projects for
the tribal development. They also mentioned that the said proposal is under
consideration of the Government. However, the Chief Secretary was of the opinion
that considering the territorial size as well as population of the State and there being
no Development Blocks in the State and that except for the North-District all the other
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3 Districts do not have the sizable tribal population, the sectoral TSP plan
schemes/projects should be implemented by the Sectoral Departments. There is no
need to have a role assigned to the Social Welfare Department in respect of TSP
funds allocated to the Sectoral Departments, he added.
It appears that the concept of ITDP in the Revenue Blocks under Tribal Sub-Plan has
been found feasible and is being successfully implemented. However, the State has
not done any evaluation studies in respect of these ITDPs.
It appears from the discussion the Commission had ~ith Secretaries,
Heads of Departments and some of the public representatives, NGOs and
the farmers that it is feasible to have the TSP schemes/projects
implemented by these 8 Sectoral Departments mentioned as above
covered under TSP. It would not be feasible to have the Sectoral
Departments like PWD, Forest, Power and multi-purpose projects under
Tribal Sub-Plan with divisible outlays as the schemes and projects with
these Sectoral Departments require larger compact areas to be covered
extending over many Revenue Blocks and Panchayats. It would be
difficult to quantify the flow of funds to TSP from the State Plan in respect
of these Sectoral Departments, the Commission observed. About the role
of monitoring assigned to the Social Welfare/Tribal Welfare Department,
the Commission recommends that the Department should be associated
. at the level of State Plan preparation by Sectoral Departments both in the
economic-services sector and infrastructural development sector in the
absence of which the Social/tribal Welfare Departments will have nothing
to monitor. The ITDPs in the Revenue Blocks having the tribal
preponderance can serve as bench-mark for planning, development and
implementation of schemes and projects by the Sectoral Departments for
the overall development of Scheduled Tribes, the Commission observed.
Social Welfare/Tribal Welfare Department also proposed that there should be higher
allocation of funds flow under the Special Central Assistance and Centrally Sponsored
Schemes for the economic development and welfare of the Scheduled Tribes.
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The Commission observed that there are infact no dearth of funds flow
that can be made under SCA, CSS and the grants under Article 275 (1) of
the Constitution provided the State has well planned schemes and
projects prepared and submitted to the Government of India.
The Department of Social Welfare under the sectoral allocation for Tribal Welfare had
a budget of 52 Lakhs during the Annual Plan 2002-03. The schemes and projects
taken up by the Department for the economic development of the tribals are to
supplement the efforts of the Sectoral Departments; These schemes include the
Human Resource Development; pre-matric and post-matric scholarships etc; pre-
examination coaching scheme; vocational training and the measures taken for the
prevention of atrocities on Scheduled Tribes etc. The Social Welfare Department is
also implementing the old age pension schemes, social defence schemes, tribal
hostels and residential schools involving NGOs/voluntary organizations etc.
Agricu Iture/Horticu Itt:re
In this Sector, the schemes under Tribal Sub-Plan pertain to land development
programmes, distribution of vegetable seeds, floriculture etc. The State economy is
basically agrarian. It is heartening to highlight the fact that Sikkim has the largest area
under cardamom and the highest production of large size cardamom in India as per
the report of the State Government. There are other crops grown such as maize,
paddy, barley, potatos etc. The citrus fruits - oranges are being grown commercially.
The State is covered under Technology Mission on Integrated Development. of
Horticulture for the North-Eastern States.
Animal Husbandry
High-lander tribes like Lachungpas, Lachenpas, Gurungs and Sherpas even today
heavily depend on traditional pastoral economy. The live-stock raised are - Yaks,
sheep, mountairl goats, pigs and poultry etc. Almost over 50% of the total
geographical area of Sikkim is available for live-stocks farming and as per the modern
practices being followed live-stock farming requires minimum land, and labour which
goes well with the concept of the sustainable development in such a difficult
mountainous terrain of this Himalayan State. Over 70% of the farmers rear the live-
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stocks under stall-fed condition and that has helped drastically reduce pressure on
land due to over grazing. Apart from providing supplementary source of income, live-
stock farming here in Sikkim provides high protein rich food items and also the organic
manure for agricultural crops production. Agro-climatic conditions in the State of
Sikkim are highly favourable for exotic high yielding live-stocks.
The Commission recommends that Animal Husbandry should receive
impetus for the development of tribal economy in the State of Sikkim.
There should be a National Policy for the development of Alpine and high-
altitude pastures for summer grazing all over the Himalayan belt including
Sikkim. At present there is no such policy notified. It is important to
mention here that the alpine and high-altitude areas along the
International land border in the Himalayas are inhabited by the tribals and
that the animal husbandry has a crucial place in the tribal economy.
Industry
Considering the territorial size of State and agro-c1imatic conditions, there is not much
scope for industrial development particularly when State has decided a well-set policy
for Tourism Development. However, traditionally Sikkim has been famous for certain
alcoholic beverages. There are a number of distilleries and breweries set-up in the
State. There are also a couple of units for food processing and preservation etc. The
Tourism Industry has tremendous potentiality particularly in the mountainous tribal
belts, which will have a multiplier-effect on the economy of the State resulting in
employment and income generation.
Forest
Forests of Sikkim were first surveyed between 1900 and 1910. No surveys were done
after that. The recorded forest with tree cover is 2650 Sq. Km. i.e. 37.36% of the total
geographical area of the State. And that 31.86% of the total geographical area is
stated to be under Reserve forest.
The types of Forests are - Khasmettll Forest; Garucharan forest and Reserve forest.
Alpine pastures and scrubs covered 1024 Sq. Km. i.e. 14.44% of the total
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geographical area. Grazing is banned in the Reserve forest. However alpine pastures
and scrubs are open for summer grazing.
The Commission was told that the tribals did not have any problem associated with
forest. There is only one village located at Chokha in West District which is inside the
National Park. Head of the Department of the Forest reported in the meeting that now
there are no disputes about the re-settlementlrehabilitation of this village which has
since been sorted out.
Education
The State Government has given priority to the educational sector among all Public
Service Sector. As against 56.94% general literacy rate of the State, that of Scheduled
Tribe is 59%. For the tribal belts, there are over 81 Schools at different
levels/categories being run by the State Government of which 6 are Ashram Schools.
The Department of Ed:Jcation maintains that in order to ensure delivery of quality
education and exercise control over functioning of Schools, the Education Department
should run the Schools in tribal belts. The usual general school curriculum are being
followed in the Ashram ;=:'choolsand that these Ashram Schools have not received any
donation. The mediurr. of instruction in the Schools right from the primary level is
English in the State of Sikkim. However, some regional languages on community
basis are being taught. The Department is of the view that it would not be feasible to
make different tribal dialects/languages as medium of instructions. There is not much
contribution madE>hy the NGOsNoluntary Organisations in the educational sector in
the State. During the Annual Plan, 2002-03 out of the total outlay of Rs. 31.20 crores
for the sector the flew to TSP was Rs. 7.48 crores.
Health
The State Government reported that it has followed the norms fixed by the
Government of India for setting up of PHSC and PHC in the hilly/tribal areas. During
the Annual Plan 2002-03, out of total State Plan outlay of Rs. 16 crores for the sector
flow to the TSP was Rs. 3.50 crores. The State Government reported that all facilities,
.,
medicines are being provided in adequate measure in the tribal belts, but the
Department is not having specialists due to the shortage of specialized man-power in
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Health Sector. The State continues to have Tibetan System of Medicine. However,
Allopathic System has been generally accepted by the ST population.
Socio-economic Survey - Report for the Year 1997
The State of Sikkim has conducted a house to house survey of the scheduled tribes
families in all the Revenue Blocks and towns of the State except those few houses
which were f~und locked and vacant and that the survey is based on 80%
enumeration of households. It was reported that the survey was done in a systematic
manner and it is expected to provide fairly useful socio-economic indicators required
for planning and development of schemes and projects particularly for the tribal
development and tribal welfare. Survey revealed as follows:-
1. Literacy - 39.78% of the tribal population are illiterate while 60.22% of the
population are reported to be literate". The East District has the highest
literacy rate of 69.58% amongst 4 Districts.
2. Employment - Agricultural cultivation predominates other types of
occupation in the State with 64% of the total tribal households depending
upon the crop cultivation. 22.24% of the total households are in the
Government services. The West-District showed the least number of tribals
in the Government services and highest in the agriculture cultivation among
4 Districts. Only 2.53% of the ST households were found to be unemployed.
3. Health - Survey revealed that under the programme "Health for all by 2000
AD" Sikkim claims to be the only State which has achieved national norm for
establishme.nt of PHCs and sub-centres - the basic infrastructure for health
and family welfare. The State is up-beat with the fact of having 95.67% of
the population with good health and that North District was found to have
98.08% of ST population with good health .
HRD - Literacy Mission of India adopted a method by which for the enumeration of literacy the age group 1 to 9
and above 45 years is not covered Lieracy perhaps therefore is for age group 9 to 45. Today it may be 6 to 55
years of age. It is not known whether in this survey 'the age group 1 to 5 who just can't be apart and but literate has
been kept out or not for enumeration.
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However, since the results of the survey done are based on the statistics
collected by enumerators and not by the Doctors/Medical Specialists or
under any special Health Survey, the statistics cannot be taken as accurate,
the Commission observed. These have to be corroborated by health
statistics figures collected at the State and National level by the Specialized
institutions in the health sector.
4, Housing - The survey revealed that 84.34% of the tribal households live in
their own dwellings and only 15.66% do not own a house. 37.08% live in
the katcha house/shelters. It appears that the State is not faced with any
housing problem.
5. Drinking water - Out of the total 16101 tribal households in the State, 9512
i.e. about 60% have the tap water supply, 4676 household depend upon
local spring water. A sizeable number i.e. 1913 do not have a specified
sources. They may be drawing drinking water from the streams, irrigation
channels or rivers who can be listed as household without potable water.
6. Land Tenure - The survey shows only the figures about total accerage
under ownership/on lease etc. It does not indicate the number of
households falling in the categories such as - landless, marginal farmers
and farmers having more than 5 acres considered as big farmers etc. It only
shows that total tribal holdings in the State is around 37731 acres, when
divided by 16101 households average holding is of 2 acres.
7. Indebtedness - Of the total tribal households which have taken loans -
29% have taken from the SBl'and commercial banks, and 22% have taken
from the money-lenders and that the rest have taken from other sources like
cooperatives, HUDeO, friends and relatives etc. for the activities like house
construction, purchase of cattle, seeds, fenilizers and death ceremony etc.
Sikkim witnessed expansion of banking and financial institutions. Financial
assistance/soft loans have also been provided by the Sikkim Scheduled
Casts, Tribes and Other Backward Classes Development Corporation
Limited (SABCCO). Yet the SUr-i(-:! re'/l:ak;~dlhat rv1anpn Sub-Division in
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the North District has 39.74% tribal households indebted to the money-
lenders whereas for the State as a whole indebtedness to money-lenders is
22% of the tribal households which have taken loan. The institution of
private money-lender is still popular as it is available any time, day/night at
any rate.
As per the Annual Report 2002 of the SABCCO, which in red, provided
financial assistance/loan to the Scheduled Tribes to the tune of Rs. 1.65
crores which covered 90 beneficiaries.
The Commission recommends that SABCCO should cover a larger
number of beneficiaries under their soft-loan scheme and that they
should expand their activities in the States so that the tribals do not
have to go to money-lenders for quick loan which usually is on
much higher rate of interest Further SABCCO can contribute a lot
towards uplifting the tribals belOw the poverty line by providing
them soft finances for self-employment and income generation
.
activities/schemes. The first thing they should do is to publicize
and educate the needy tribals about the availability of soft-loan
from SABCCO particularly for gainful investments which the
Commission has found lacking in almost all the States it has
visited.
8. Economic Assistance - Economic Assistance such as financial
assistance, pre-matric, post-matric scholarship, Cardamom cultivation,
distribution of cows in agriculture, animal husbandry and education sectors
survey figures showed that out of 16,101 households only 3939 households
representing 24.43% were benefited as on date of survey.
The Commission observed that special measures need be taken to
augment economic assistance programmes, financial assistance as
well as technical assistance/extension services in the economic
services sectors for the Scheduled Tribes. Since the State does not
have the network of the Development Blocks, the Sectoral
Departments need to have developed infrastructure for extension
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services essential for the faster economic development, the
Commission recommends.
Tribal land Regulations
There are laws relating to the transfer of land by Bhutias and Lepchas dating back to
the year 1891. A notice dated 2nd January, 1897 was served to all the Kazis and
Mondals of Sikkim, that no Bhutia and Lepcha would be allowed to sell or sub-let any
of their lands without the express sanction of the Council. Anyone disobeying this
order would be punished severely.
By another Revenue Order-I of 17th May, 1917 no Bhutia and Lepcha were allowed to
sell, mortgage or sub-let any of their land to any person other than a Bhutia or a
Lepcha without the express sanction of the Sikkim Darbar. That means their land
could not be mortgaged to a money-lender who is not a Bhutia or Lepcha.
This was followed by yet another order dated 21st May, 1931, that no Nepali could
purchase Bhutia or Lepcha's land without the permission granted by His-Highness the
Maharaja of Sikkim.
These protective laws continue to be in force even today. Non-Sikkimese cannot
purchase the land in the State. Transfer of land from Sikkimese Bhutia and Lepcha
tribals to the non-tribals can be allowed only with the permission of the State
Government. The State Government reported that there has been considerable laxity
in the implementation of the laws to curb land-alienation during the last two decades.
In these anti-alienation laws some forms of land transfer like gifts, hire-purchase etc.
have not been specifically mentioned resulting in varied interpretation of these laws
before the Courts. An attempt was made in 1989 by the Sikkim Legislative Assembly
to strengthen these anti-alienation laws and it unanimously passed the Sikkim
Alienation of Land Regulation Bill 1989 which provides for the prohibition of alienation
of land from Sikkimese to non-Sikkimese, another Bill i.e. Sikkim Transfer of Land
Regulation Bill which prohibits transfer of land from Bhutia and Lepcha tribals to others
and these Bills were forwarded to the President of India for his assent. It was
submitted that these Bills were returned to the State Government as the President had
been advised to withhold assent by the Ministry of Law, Government of India.
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There are very few cases of land alienation filed in the regular Courts and that there
have been no instances of land being returned to the tribals under the Court orders.
The Sikkim High Court in its order dated 24.05.1989 in a Writ Petition N.B. Khatiwada
vs. State of Sikkim held that gift made by the Bhutia and Lepcha tribals did no.t come
under the category of alienation under Revenue Order of 1917. The State Government
has gone on appeal to the Supreme Court against this Order and the case is still
pending there and it has now taken 14 years for its resorution.
Political Reservation
The total number of seats in the Legislative Assembly of the State of Sikkim
constituted after the commencement of the Representation of Peopie (Amendment)
Act 1980 is 32 out of which:-
(a) 12 seats are reserved for Sikkimese of Bhutia and Lepcha origin,
(b) 2 seats for Scheduled Castes of the State,
(c) 1 seat is reserved for Sangha belonging to monasteries recognized for the
purpose of elections and,
(d) rest are open seats.
The reservation policy has its genesis from Sikkim Darbar Gazette Order dated 28th
December, 1952, under which the Maharaja of the Sikkim fixed the strength of the
State Council at 12 elected members from 4 constituencies. Reservations were made
in all 6 seats for the Bhutia and Lepcha tribes and 6 seates for the Nepalese
distributed over these 4 constituencies.
Years later under the Sikkim Darbar Gazette Order dated 16th March, 1958, the
following distribution of seats were made:-
(i) Seats reserved for Bhutia & Lepcha tribes = 6
(ii) Seats reserved for Nepalese = 6 .
(iii) General seat = 1
(iv) Seat reserved for Sangha = 1
(v) Nominations by His Highness = 6
The genera! seat was made open to all persons including Bhutias, Lepchas and
Nepalese having fixed habitation in Sikkim, with a view to remove the impression that
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the general seat was to be filled by a person other than a Bhutia, Lepcha and Nepali,
which was not so.
As mentioned above, under 1980 amendment of the Representation of People Act,
the provision for the reservation for Nepali was removed.
The Sikkim Bhutia - Lepcha Apex Committee (SIBLAC) have in their memorandum
referred to Apex Court's Constitutional Bench majority judgement on RC Poudyal vs.
Union of India case which upheld the validity of Article 371 F of the Constitution and
the amendment to the Representation of People Act 1950 done in 1980 which
provided political reservation of 12 Assembly Constituencies for Bhutia - Lepcha
tribes and one for Sanghas. Mention was particularly made of the extracts of the
judgement which said "reservation of seats of Bhutias - Lepchas is necessary
because they constitute a minority and in the absence of a reservation they may not
have any representation in the Legislative Assembfy. Sikkimese of Bhutia - Lepcha
origin have a distinct culture and tradition which is different from that ofSikkimese of
Nepali origin. Keeping this distinction in mind Bhutias - Lepchas have been declared
as Scheduled Tribes under Article 342 of the Constitution. "Historical consideration
and compulsion do justify inequality and special treatment. We are of the view that the
impugned provisions have been found in the wisdom of Parliament necessary in the
admission of strategic border State into the Union. The departures are not such as to
negate fundamental principles of democracy".
SIBLAC has also opposed the provisions of the Constitution (Sikkim) Scheduled
Tribes order 1978 and Representation of People (Amendment) Act 1980 on the
ground that these not only diluted the distinct identity of Bhutia - Lepcha tribes by
providing the new definition to Bhutia community i.e. by including 8 communities in the
category of Bhutia tribes -it also violated the provisions of May, 1973 Agreement,
Government of Sikkim Act 1974, Article 371 F of the Constitution and the observations
of the Apex Court in the RC Poudyal vs. Union of India case which deals with the
political reservation for the 12 Assembly seats. That means they are opposed to the
inclusion of "Chumbipa, Dopthaba, Dukpa, Kagatey, Sherpa, Tibetan, Tromopa,
Yolmo in the Constitution (Sikkim) Scheduled Tribe Order, 1978. SIBLAC perhaps
wants to plead that these 8 communities included in the list of Bhutia tribes are in fact
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not of Sikkimese origin. That means they want to plead that only the Bhutia of
Sikkimese origin alone should have been listed as Scheduled Tribe under the order of
1978. They also state that the candidates belonging to 8 Bhutia communities have
also contested as the candidates for these reserved assembly seats. However, inspite
of their pleadings, their concerns remain, as for all these years, these 8 communities
as listed therein in the order had the political reservation benefits and these
communities continued to be listed as Bhutia under the Scheduled Castes and
Scheduled Tribes (Second Amendment) Act, 2002.
SIBLAC's major concern now is about the inclusion of Limboo and Tamang who have
been serialized as tribe number 3 & 4 respectively. SIBLAC contention that these two
new tribes may claim for these 12 reserved seats is unfounded and their apprehension
is misplaced, since the provisions under the Representation of People (Amendment)
Act 1980 in no uncertain terms allow political reservation to the Bhutia & Lepcha tribes
of Sikkimese origin as listed therein in respect of these 12 Assembly Constituencies.
Apparently, their apprehension is misplaced as the fact of the matter is that these two
communities Limboo and Tamang have been separately listed as tribes at SI. NO.3 &
4. As per the provisions of the Article 371 F read with Representation of the People
(Amendment) Act 1980, only the Sikkimese Bhutia and Lepcha can contest for the
seats reserved for the 12 Territorial Assembly Constituencies. Limboo and Tamang
have not been shown as part of either Lepcha or Bhutia and therefore, they do not
obviously have any claim for these 12 reserved Assembly seats unless there is a
specific provision made under the Representation of the People (Amendment) Act,
1980 for their representation to the State Legislative Assembly under reserved
Territorial Constituencies, the Commission observed.
The Commission recommends that there should be a clarification given to
all concerned as to the legal position of these provisions with regard to
the reserved Assembly Constituencies so as to put an end to the debate.
Border Trade
The commercial trade between Sikkim and Tibet had existed from the ancient time
long before the Government of India (British) intervention in 1817. By the year 1861,
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the Government of India's suzerainty over Sikkim was well recognized. The British
developed an interest in having an official trade with Tibet.
Government of India (British) sent a number of Missions from time to time to China in
their attempt to promote commercial intercourse with Tibet. The British commercial
interest was based on the assessment that Tibet had the potentiality of providing a
great market for certain articles of English manufacture such as broadcloth, piece
goods, cutlery, hardware and many other items including Indian tea etc .. ,In return,
,
Tibet would offer in trade wool, musk, ponies, yak tails, borax etc. It was viewed that
Tibet would provide many more things to the scientific world. The Tibetans had an
apprehension about the possible threat to its Lamastic Buddhism particularly in view
of the establishment of Roman Catholic Mission at Bathang on this side which in fact
had been the main reason why. Tibet opposed the British trade Missions to Tibet and
China.
The Jelap Pass was used by Indian and Tibetan traders for ages as trade route which
was considered a branch of ancisnt silk route. This route and many other routes were
closed following the 1962 India-China war. This particular route via Jelep Pass was
then a mule track and it is now over 575 Km. motorable road running from Kalimpong
to Lhasa. The trade routevia the Nathu La is also motorable from Indian side upto the
14000 ft. Nathu-La and the road on the Tibetan side is also built upto the border at
Nathu-La. In fact, the motorable road upto the Nathu-La was opened up in Sept., 1958
by the Prime Minister of India Pandit Jawaharlal Nehru before the flight of His
Holiness, the Dalai Lama in 1959, which was followed by the Chinese aggression in
1962.
The people inhabiting the International land border with PR China had been pressing
for reopening of the various trade routes from India to Tibet which were the branches
of the famous ancient silk route. To begin with, trade route from Pithoragarh via
Taklakot in Uttaranchal was reopened. in July, 1992 and another route running from
Joshimath in Uttaranchal to Tibet was also reopened in 1993. Yet, another traditional
trade route via Shipki-La in Himachal Pradesh also was reopened in 1994 and trade
through all these routes have been regulated fulfilling the wishes of the people
inhabiting the border land. It has also been a long standing demand of the people of
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Sikkim to reopen the trade route via Nathu-La and other routes along the Chola
Range. During the visit of the Commission's team to Sikkim, the tribals particularly
Bhutias and Lepchas mentioned about their long standing demand to reopen the trade
route via Nathu La. The team in fact visited Nathu-La on 18th of June, 2003 and
discussed the feasibility of the demand with a cross-section of people on the border
land. The Hon'ble Chief Minister of Sikkim, Shri Pawan Kumar Chamling d1scussed
with the team about the traditional trade with Tibet via Nathu-La and other trade
routes.
The team of the Commission was of the opinion that like in respect of
trade routes reopened in Uttaranchal and Himachal Pradesh, the route via
Nathu La should also be reopened which would have a multiplier effect on
the economy of Sikkim resulting in employment and income generation
particularly for the people on the border land. It is heartening to note that
the wishes of the people of the Sikkim for reopening of these famous
trade routes have been adequately fulfilled by signing a memorandum in
this regard by India and PR China during the visit of Hon'ble Prime
Minister, Shri Atal Behari Vajpayee to China in June, 2003. Apart from the
development of International trade via this route, it appears that there has
been a major diplomatic break-through at harmonizing India-China
relationship.
The Commission further recommends that trade interest of the tribals
settled along the International land borders should be protected as the
border trade traditionally have been the backbone of the economy of the
tribals inhabiting the International land borders.
2564 SA&ST/04-52A
gl~
I.
STATE REPORT ON TAMILNADU
INTRODUCTION
3. Kuruman
2001 Census
621.10 lakhs
6.5 lakhs (1.05%)
ST 956
44.37
43.20
ST
ST
1.1 Tamilnadu State is known all over the world for its ancient temple architecture,
art forms and culture. Anthropologists have always shown keen interest on knowing more
and more about some of its tribal communities, such as Kadars, Paniyans and lrulars.
Todas have always been a picturesque group of people for social scientists.
1.2 According to 2001 census, there were 6.51 lakhs persons belonging to 36
communities listed as Scheduled Trib~s (STs) in the state. Six tribal communities have
been specified as Primitive Tribal Groups (PTGs). No area has been notified as
Scheduled Area under the Fifth Schedule of the Constitution of India. General
information in brief is given below:
1.3 General Information:
1. Geographical area of Tamilnadu - 1,30,056 sq. km
2. Population 1991Census
State 558.59 lakhs
S,Ts. 5.75 lakhs (1.03%)
3. Sex Ratio State 986
(2001) Census
4. (a) Population of ST covered by 9 ITDPs in Tribal sub-Plan (TSP) Area - 2.07 lakhs
(36%) 1991 Census.
(b) Population ofSTs outside TSP area 3.20 lakhs (64%) as per 1991 Census.
5. Percentage of population Below Poverty Line (BPL)
1993-94 Rural State 32.48
1999-2000 Rural State 20.55
6. (a) Total no. of Scheduled Tribes - 36 (Appendix- I)
(b) Major STs - 1. Malayali 2. lrular
4. Sholaga 5. Paniyan
(c) Primitive Tribal Groups - 1.59lakhs (as per 1991 Census)
1. Kattunayakan 2. Kota 3. Kurumba
4. lrular 5. Paniyan 6. Toda
2564 SA&ST/04-52B
814
II II II I II ~ i tll II'
7. Peoples representatives-
Loksabha - ST Nil
Assembly - ST 3
8. Cultivators Total 24.8%, ST
(1991 Census)
9. Agricultural Labourers Total 34.6%, ST
(1991 Census)
37.4%
37.4%
10. Dropout rate in classes I to VIII (1993 -94 )
State 36.3 ST 71.6
11. Literacy rate (1991) in %
. State
63 ST
Male
73.75 Male
Female
51.33 Female
2001 State
73.47 ST
27.89
35.24
20.23
Not Available
4. Madurai (21.02.2003)
3. Tiruchirapalli (20.02.2003)
Pachaimalai Hills
5. Kanyakumari (23.02.2003)
6. Coimbatore, Salem (29.8.2003)
Places Visited
1.4 The Commission visited under mentioned districts in Tamilnadu:-
1. Chennai (17& 18- 02- 2003) - Discussions with Chief Secretary, Govt. of
Tamilnadu and other officers.
2. Villupuram (19.02.2003) Discussions with officials and non-officials
of Kalarayan Hills
(a) Topsingattu Patty, (b) Visit
PHC,Tribal Residential H.S. School
(c)Uppali puram
Discussions with officers of Madurai,
Namakkal, Salem and Dharmapuri districts
and other non-officials
Discussions with officials and non-officials.
Visit to Yercaud, Nagalur village,
Residential Tribal School etc.
7. Dharma puri (30.08.2003)
8. Chennai (1.09.2003)
815
n
Problems
(i) 79% of land with the Panchayat Union is
being treated as forest lands, (though not notified as
Reserved Forests) and tribals have not been given
pattas for lands under their occupation.
(H) Electric lines could not be laid in 70 villages due
to forest conservation Act.
1.5 The Commission held discussions with the Governor of Tamilnadu, Chief
Secretary, other Secretaries to the Government, Heads of Departments and District
Collectors concerned, besides other officers, political leaders, NGOs, and social workers.
Major Issues concerning tribal development
1.6 During the visit of the Commission to various tribal areas of the State, major
problems brought to their notice were as under:
Area Visited
1. Kalrayan Hills -
(Villupuram)
2. Pachaimalai Hills
(Tiruchirapalli district)
3. Madurai
(Hi) A taluk office may be set up at Kalrayan Malai
by bifurcating Sankarapuram taluk of Villupuram
district.
(i) Settlement operations have not been
carried out in three villages, namely,Vannadu In
Uppalipuram Block, Peranadu and Kombai In
Thuraiyyar Block.
(H) Hill top villages lacked marketing facilities on
one hand and faced tough attitude of forest officials
in getting transit passes.
(i) Kadar tribe is most backward and it may be
notified as a P.T.G. as has been done in Kerala.
(H) Health disorders are very common among the
tribals living around Kodaikanal and Dindigul
areas.
(iii) Procedure of issuance of tribal certificate is
cumbersome. Those applying for obtaininK
816
"fiiH H I I
II ell I Ii I
11'11 il k i I iil II'
4. Salem and Dharmapuri -
districts
5. The Nilgiris district-
6. State as a whole -
-.
certificates of Kattunaicken and Malai Vedan tribes
are put to stricter enquiries.
(iv) An exclusive forest reserve may be set
up near each tribal settlement so that cattle could
graze.
(i) Irular tribe requires special package of
development. Bonded labour system is still
prevalent among them and female literacy rate is
only 3%.
(ii) School teachers a,nd Medical doctors do not stay
in tribal areas.
(i) Non-availability of burial ground at Gudalur is a
matter of concern among tribals.
(ii) Lease of Toda patta lands have not been
renewed and their lands have been taken over by the
Forest department for afforestation.
(iii) In many areas land assigned to tribals has been
taken control of by the non-tribals.
(i) Problem of fake and false tribal certificates is on
increase in the State.
(ii) Tribals demanded that procedure of issuance of
tribal certificate be simplified.
(iii) Vanvasi Seva Kendram, Tamil Nadu in a
memorandum presented to the Commission at
Coimbatore brought to their notice issue of change
of faith by coercive and alluring methods in
Puliangudy, Tenkasi taluka of Tirunelveli district.
(iv) Tamilnadu has S.T. population of 6.51 lakhs
but it does not have a single reserved seat in the Lok
Sabha for STs.
(v) Tribals who migrate to cities and towns in
search of employment faced hardships. They live in
817
most unhygienic conditions deprived of civic
amenities.
Spurt in tribal population
1.7 Secretary, Adi Dravidar and Tribal Welfare, stated that tendency among non-
tribals returning as tribals was on the increase in the State. In respect of following tribes
there has been spurt in their population.
Table I
Population
Name of the Tribe
1961 1971 1981 1991
1. Kuruman
112
11,269 14,932 17,458
2. Kattunayakan
6459
5,042 26,383 42,761
3. Malai Aryan
58 194 470 689
4. Kammara
26 194 524 763
5. Konda Kapu
3 255
1,624
2247
6. Kondareddi
8 855
31,525 30,391
7. Koraga
6 173 421 714
8. Kurichan
5
1,169 7,160
7621
9. Malai Pandaram
3 113
1,026
1930
10. Ma1ai Vedan
2 85
7,098
8910
11. Malak Kuruvan
2 130
7,079 18,969
1.8 The Commission recommends that the State Tribal Research Centre should
carry out a detailed study finding out the reasons for spurt in the population of
selected tribes, such as, Kattunayakan, Kondareddi and Malak Kuruvan. The
Registrar General of India may also like to get a separate study conducted through
their social studies division.
Tribes Advisory Council (TAC)
1.9 TAC formed in 1961 to look after the welfare of STs is composed of Chairman
(Minister of Adi Dravidar and Tribal Welfare ADTW), 3 official members (Secretary,
ADTW, Director, Tribal Welfare and Special Officer, T.D. Salem), 17 non-official
members inclusive of 3 S.T. MLAs (Yercaud, Senthamangalam and Uppillapuram
818
II ill I " I'
II II II I II ~.. !I 111 11 ~
Constituencies) and 14 other members from 12 districts. As per rules of the T.A.C. it
meets twice a year. The TAC reconstituted in 1998-99 m~t once in 1998, twice in 1999
and once in 2000. Generally, the TAC deliberated upon basic issues concerning tribals,
such as drinking water, electricity, link roads, consumer shops, transport facilities to
school going children and other such issues. The Commission recommends that the
composition of the TAC should be restricted to 2~ only on the pattern of TAC
suggested under the Fifth Schedule, however, others could be includd in theT AC
as special invitees.
Administrative Setup
1.10 Adi Dravidar Welfare Department was formed in 1949 and later it was renamed
as Adi Dravidar and Tribal Welfare Department headed by a Minister. At the Secretariat .
level, Adi Dravidar and Tribal Welfare Department is the nodal department' looked after
by an officer of the rank of Secretary to the Government. In April 2000, a separate
Directorate for Tribal Welfare was created to look after exclusively the tribal population
of the state. Tamilnadu Adi Dravidar Housing and Development Corporation (TAHDCO)
formed in 1974 was entrusted with the task of economic development activities for both
SCs and. STs. The Corporation also gives assistance to self help groups, organizes
vocational training courses, construction of houses and basic infrastructure programmes.
TAHDCO has decentralized the planning process at district level and all the schemes are
implemented through the District Collectors. From the year 2002-03 a separate
Empowered Committee has been set up for implementation of TSP. The State
Government has also issued orders for implementing the welfare programmes for the STs
through self-help groups. Sectoral departments have their own field level machinery for
executing the schemes. The Tribal Research Centre assists the Department in assessing
the impact of schemes. At the district level, District Collectors are assisted by District
Adi Dravidar and Tribal Welfare Officers, Special Officer, T.D. Salem, and special
Tahsildars, Tribal Welfare.
2. PROTECTIVE MEASURES
Land
2.1 A survey of tribal settlements in the State (Rao & Das) in 1987 showed that tribal
land holdings were small in size and 18% of their boldings were forest parambofe. In
819
1977 cultivable lands were classified as forest during settlement operations. In this
process tribals lost more than 10,000 ha. of their land.
2.2 The Commission was informed that non-tribals had encroached the land of tribals
in Gudalur, Pandalur and Kotagiri talukas of Nilgiris district. In Kallampalayam and
Hallinagar in Kotagiri talukas of Nilgiri district, Irulas (PTGs) were given 100 acres of
land by the Government on lease which they were managing well. However, the non-
tribals encroached these lands and constructed their houses and shops unauthorizedly on
the lands of the tribals. Similarly, the members of lrulas residing at Kanvai village in
Thiruvallur district were given 40 acres of land by the forest department but after some
time deprived them of their holdings. In Mullangadu village in Coimbatore district,
lrulas were assigned 80 acres of land for cultivation but the forest department took back
the land. In the process of transition from Jagirdari to Ryotwari system in Kalryan hills
of Salem district, the STs lost hundreds of hectares of cultivable land. Paniyan tribe
included in PTG were working as bonded labourers and after their release frbm bondage,
t~ley were allotted land at Kayunni of Erumud Village in the Nlligiris district but their
lands were encroached by the non-tribals. Similarly, the landless tribals of Gudalur
taluka need allotment of land for agriculture purposes, failing which we are afraid they
may again start. working as bonded labourers. The conditions of the tribals in the tribal
hamlets is pathetic, they are malnourished and suffer from various diseases. They hardly
get work for 2-3 days in a week from Forest Department. The Commission
recommends that STs, who were cultivating their lands or assigned lands that come
in the category of pre-1980 settlers, land Pattas should be given to them, as required
under Ministry of Environment and Forest Circular No. 1.3 - 1/90/-FP (i) dated
18.9.1990.
2.3 State Government has informed that acquisition of tribal lands takes place only
very rarely and in valuing tribal lands, guidelines prescribed by the State Registration
Department are followed, which ensure a fair compensation to the tribals. However, the
general complaint was that the quantum of compensation fixed is very low in most of the
cases. As regards settlement operations, the work had been completed in the entire state
long back. Records of land have also been computerized. In regard to allotment of
surplus land, priority is given to the tiller and where there is no tenant, SCs and STs get
820
'I ill Ii I' '"
11'" II I
priority. As there are no Scheduled Areas in the state, the Panchayats (Extension to
Scheduled Areas) Act, 1996 is not applicable.
2.4 Under the Revenue Board's standing orders, (R.s.a. 15(40) land assigned to
specified Hill Tribes cannot be transferred to persons not belonging to the same class
without permission of Divisional Officer. However, there is no legislation in the State for
this purpose. The Commission recommends that the State Government should enact
a legislation to check alienation of tribal land and its restoration to them.
Toda Patta lands
2.5 Land measuring 2776.41 acres in 1~ villages of the Nilgiris district was set apart
during British period as Toda patta lands. District Collector was authorized to issue
permits for periods not exceeding 10 years at a time, for the cultivation of grass lands by
Todas only. This provision also finds place at pages 245 to 258 in the Tamil Nadu Forest
Manual. Permits under these provisions were not, renewed after 01-07-1982. In the
absence of any formal orders in regard to 204 cases covering 803.11 acres, the Toda patta
lands have been either encroached by non-Todas or have been used by the Forest
Department for raising plantations (400 acres). The case still remains undecided.
The State Govt. was seized of the problem and in their letter of 1.8.2002 to
Nilgiris Adivasi Welfare Association, the Adi Dravidar and Tribal Welfare Department
informed that "action is being taken by the Tahsildar concerned to evict the
encroachment on the land in question under Land Encroachment Act". The Commission
hopes tribals would have got relief by now.
2.6 During the discussions with officials and non-officials at Madurai on 21.2.2003,
the Commission was informed that alienation of tribal land by non-tribals was rampant in
Satyamangalam area of Erode district and in the Nilgiris district. A representative stated
that non-tribals have been encroaching upon the lands allotted to Todas in the
Pagulimund of Udagamandalam in the Nilgiris district.
821

2.7 The Commission recommends that Toda Patta lands encroached by non-
tribals sllould be restored to the Todas and lease of grass lands should be issued to
them because Todas have been enjoying these traditional rights prior to 1980. The
Commission reiterates their recommendation that the State Govt. should enact a
legislation against alienation of ST lands and its restoration as done by many State
Governments as Board of Revenue circular has failed to protect the interests of STs.
Money Lending
2.8 In order to regulate money lending practices, undermentioned legislations are in
force in the state:
(i) The Madras Money Lenders Act, 1937, (ii) The Madras Pawn Brokers Act,
1943, (iii) The Madras Debt Reconciliation Act, 1936, (iv) The Madras
Indebted Agriculturalists (Repayment of Debt) Act, 1955 and (v) Tamilnadu
Debt Relief Act, 1976, 1980 and 1982
2.9 The State Government has informed 'that moneylenders have not been eliminated
completely because LAMPS have been facing difficulties in obtaining re-finances from
the District Central Cooperative Banks, non-receipts of entire subsidy from the
Government and absence of linkage of marketing at apex level institutions. The
Commission recommends that the working of various legislations against money
lending should be evaluated with special reference to the STs and steps taken to put
a stop to nefarious activities of money lenders by amendment to the laws. At the
same time, LAMPS should be strengthened to provide remunerative price for MFP
collected by the STs and extend consumption loans quickly to them.
Community Certificates
2.10 In order to protect the interests of tribals, community certificates to tribals are
issued by Revenue Divisional Officers. The State Government has also constituted a state
level committee for verification of bogus community certificates issued to SCs and STs,
which are referred by various appointing authorities, universities and colleges to district
level Vigilance Committees with District Collectors as Chairman. Out of 4, 670 cases of
verification of SCs/STs pending before district Vigilance Committees upto 2002, claims
in 1,968 cases were accepted, 392 rejected, 37 withdrawn and 2,273 cases were pending.
Upto Feb., 2003, 328 were received by the State Scrutiny Committee out of which only 5
822
11'11
H II II II I I II ~ i ,I iil I j ,
ii,;
cases were accepted, 36 rejected, 4 withdrawn and the remaining were pending. The
Commission recommends that separate break up of SCs & STs should be
maintained and suitable instructions issued to the district authorities for proper
investigations before issue of ST certificates.
3 TRIBALSUB-PLAN(TSP)
3.1 Tamilnadu does not have any 'Scheduled Area' under the Fifth Schedule of the
Constitution. However, the Tribal Sub-Plan covers 9 ITDPs in the areas as given below:
Table II
(1991 Census)
S.No.
Name of the Name of the Area Total Tribal
. District
ITDP
(Sq. km.) Population Population
1.
Namakkal Kolli Hills 224.85
38,449 30,665
2.
Salem Yercaud Hills 147.50
33,353 21,676
3.
Salem
Kalrayan Hills
319.21
21,395 20,665
4.
Salem Aranuthumalai 29.02
11,879 6,604
5.
Salem Pachamalai 109.92
24,161 6,583
6.
Tiruvannamalai Jawadhu Hills 310.35
59,448 49,962
7.
VillupuramKalrayan Hills
600.00
32,756 29,991
8.
Dharmapuri
Sitheri Hills 188.00
29,890 14,353
9.
Trichy
Pachamalai 128.83
13,397 7,894
Total
2,64,728 1,88,393
3.2 As the proportion of ST population to total state population is 1.03%, according to
1991 census, the state government has decided to allocate 1% of their budget to
implement schemes for the welfare of STs under TSP. State Government has decided that
TSP . would be finalized from 2003-04 by an Empowered Committee comprising
Member, State Planning Commission (incharge of SC and ST) as Chairman, 3 Secretaries
and one Member-Secretary (Secretary, AD&TW Deptt.). The TSP is first prepared by
sectoral heads of departments and reviewed by the Director, Tribal Welfare and thereafter
it is scrutinized by the AD&TW Deptt. before sending it to the Government of India.
823
g
Each sectoral department has its own budget sub-head for TSP. AD&TW Department is
the nodal department for TSP.
Bench Mark Survey
3.3 According to a Bench Mark Survey undertaken by the statistical department of the
state government (and data made available to the Commission on 17.2.2003)
undermentioned salient features were noticed among the tribals of TSP area and those in
the non- TSP area:
TSP area
Non-TSP area
(i) Household size of tribal population
4.4 4
(ii) Sex ratio
935 952
(iii) Literacy rate
16% 26%
(iv) No of graduates
19 34
(v) Dropout rate from Middle Schools
65% 65%
(vi) Houses owned
98% 87%
(vii) Possession of Kutcha House
63% 58%
(viii) Electricity in houses
28% 43%
(ix) Infant deaths per 1000
160 120
(x) Percentage of agriculturists
61% 24% to 27%
(xi) Annual Income slab ofRs. 5000 or less
49% 39%
(xii) Assets owned worth Rs. 25,000 and more
45% 32%
(xiii) Primary Schools within hamlets
41% 48%
(xiv) Road connectivity of hamlets
65% 86%
It may thus be seen that tribals in TSP area are more backward than those in non TSP
area and infrastructure in TSP area is less developed as compared to non- TSP area in the
State.
The Commission observed that sex ratio was 972 females (per 1000 males) as compared
to 927 of total population, but in case of STs of Tamil Nadu it was a little disappointing
as shown below:
824
'I '" , " I'
II II
! '1" ,~ " Iii I' !lIlilli'IHI ii' 'I I I I I I
II I I '! IIIIi'
Sex Ratio
Census / Survey
Total ST
1991
India 927 972
Tamil Nadu
974 960
2001
Tamil Nadu 986 956
2003
As per Bench mark
TSP area 935
Survey
of State Non TSP area 952
Government
The Commission expresses their concern over unfavourable sex ratio among tribals in the
TSP area of the state despite implementation of development programmes since Fifth
Five Year Plan, Studies may be sponsored by the State Government to find out the
reasons and to ascertain the extent to which female infanticide is prevalent among STs
and give package of services to improve the situation.
Another noticeable issue of STs of the state is their persistent 10"": economic profile.
Whereas percentage of these below poverty line among the total state rural population
declined by 11.93% (From 32.48% in 1993-94 to 20.55% in 1999-2000), the progress in
respect ofSTs was only 1.17% in the corresponding period (44.37 in 1993-94 to 43.20%
in 1999-2000). These data indicate the tardy progress in the implementation of various
poverty alleviation programmes and family beneficiary oriented schemes among the STs.
Flow of Funds
3.4 In addition to funds under TSP, other funds from Special Central Assistance
(SCA) to TSP, grants under Article 275 (1) of the Constitution of India, grants under
Central Sector Schemes, Centre State shared schemes and annual budget allocation under
plan schemes by the Government of Tamilnadu are also received and utilized for the
development of tribal people. The details of the funds utilizati.on in 9th and lOth Five Year
Plan under these schemes are furnished below:
825
n
Table III
Funds utilization for Tribals in Tamilnadu in Ninth Five Year Plan & two years of
Tenth Five Year Plan
Allocation under Rs. In Lakhs
Year
State Flow to SCAto 100% Shared Plan Grand
Expenditure
Plan
TSP TSP Central schemes Scheme Total
(GOI)
Grant
(GOI & (State)
State)
1
2 3 4 5 67 89
1997-
N.A. 2228.10 243.71 123.15 91.37 193.35 2879.68 2879.78
1998 1998-
450009 2116.73 295.91 44.39 42.70 411.98 2911.71 2911.71
1999
0.47%)
1999-
525112 1757.06 258.27 87.87 176.18 446.60 2725.98 2727.16
2000
(0.33%)
2000-
570026.24 1754.80 258.27 67.34 176.08 636.40 2892.89 2746.69
2001
(0.30%)
2001-
520000 1615.80 323.32 412.69 20.70 391.09 2763.60 2755.91
2002
(0.31%)
2002-
575152 2163.78 323.32 255 20.97 316.94 3080.01 3080.01
2003
(0.38%)
2003-
700013 3157.92 323.32 260.7 112.14 344.49 4198.57
-
2004
(0.45%)
3.5 It will be seen from the above table that the State Government did not
allocate one percent out of the State Plan for TSP areas and therefore Commission
taking into consideration the precarious conditions of STs in the State, a majority of
whom are dispersed recommends that, at least two percent of State Plan outlay
should be earmarked for TSP and non-TSP areas.
3.6 The grants received from the Ministry of Tribal Affairs under Article 275(1) of
the ConstitutIOnare shown in the table below:
826
, 'I,,~, 'ill I I I I ,ill I Ii' I'
II II I I I ,III I I Iii I"
Table IV
100% Grant Under Article 275 (I) of the Constitution of India
(Rs. In Lakhs)
SI. No.
YearAmount Received
Expenditure
1.
1997-98 121.00 121.00
2.
1998-99 42.00 42.00
3.
1999-2000 83.93
83.93
4.
2000-01 63.00 63.00
5.
2001-02 210.00 Not available
3.7 Director, Tribal Welfare in their proposal for seeking grant of Rs. 213.48 lakhs
under Article 275(1) during 2003-04 stressed the requirements for (a) drinking water
facilities (Rs.203.05 lakhs) and (b) street lights to the tribal colonies (Rs. 10.43 lakhs)
3.8 Dharmapuri district administration considered that road works required
priority attention followed by water supply and streetlights in 107 tribal habitations
in the district.
Table V
Funds received under Special Central Assistance
(Rs. In Lakhs)
SI. Year Amount
Expenditure
No.
Received
1.
1997-98 243.71 243.71
2.
1998-99 295.91 295.91
3.
1999-2000 258.27 258.27
4.
2000-01 258.27 258.27
5.
2001-02 323.32 Not available
6.
2002-03 323.32 Not available
3.9 It will be seen from tables IV and V above that cent percent utilization of
central grants is made but th~ State Government is not even providing one per cent
from their state plan outlay for the TSP areas.
827
n
PRIMITIVE TRIBAL GROUPS (PTGs)
3.10 There are 6 PTGs, whose population according to 1991 census was 1.95 lakh
which constitute about 34% of the total ST population in the State. These communities
include Toda, Kota, Kurumbas, Kattunayakan, lrular and Paniyan.' PTGs are distributed
mainly in Niligiris and Dharamapuri districts. Irular constitute a major group aistributed
in many districts of the State with concentration in Dharamapuri district. The other 5
PTGs are mostly inhabited in Niligiris district. PTGs live in hilly areas having poor
infrastructure development but with abundant natur.al resources. Inspite of the measures
taken by the various departments, the socio-economic conditions of the PTGs continue to
be unsatisfactory. The Tribal Development. Department has mainly focused on
individual beneficiary oriented development programm~s, but majority of the PTGs are
victims of exploitation by the outsiders, land alienation, indebtedness, displacement and
non-availability of need based development measures. A brief description of the PTGs is
given below:
Irular
3.11 lrular were hunter-gatherers and the -State government has granted land without
ownership rights for cultivation purpose. they cultivate for their own consumption ragi,
samai, red gram and plantains. They collect honey and also catch snakes. They are also
good soothsayers. Instead of cultivating their land, they lease out their land to other
communities. Some of them weave baskets from the locally available bamboo, collect
wild grass for broomsticks and MFP. Commission received a representation from tribals
living in hamlets of Nalloorpathi, Chadivayal, Poretti, Mullangadu, Seengampathy,
Kolkothy, Pottapathi who have lost about 1500 acres of lands at the hands of a Christian
mission which has set up an Engineering College. Major quantity of drinking water
allotted to the village of Nalloorpathi has been diverted to the College and even the name
of the village has been changed to Karunya Nagar and the Institute is also interfering in
construction of temples and houses on the property of the tribals. The Commission
recommends that grievances of Irula tribals should be looked into by the district
authorities.
828
II
'I'll
I II I' II II ' 'I
I I I '''' I , Ii "1 I I
Toda
3.12 The Todas are confined to Nilgiris Hills. Their population indicates a marginal
growth rate in every decennial census ranging from 714 in 1961 census to 1100 in 1991
through 930 in 1971 and 875 in 1981 censuses. They live in hamlets called 'Munds'.
Traditionally the Todas domesticate buffaloes. Selling of milk and milk products is their
primary occupation and they are not isolated from .other tribal communities viz. Kota,
Kurumba, lrula and Badagas. The latter one are agriculturists. In the past, Todas leased
out their lands to Kotas and Badagas. Due to cultivation of tea, coffee and potato in the
Niligiris from the time the Britishers occupied the area, large number of people from the
plains migrated to the hills. The loda men take care of the buffaloes such as grazing and
milking them etc., while their women take care of the household and do embroidery at
home. The Todas are now also engaged in cultivation and grow vegetables such as
potato, cauliflower and cabbage and slowly their subsistence pattern of living is
changing. Now time has come when Todas could be motivated to shift from pastoral way
of living to agriculture and other vocations. The Todas have a special conical shape
temples as a place of worship, which are in a dilapidated condition. The Commission
recommends that the State Government should sanction one-time grant for repairs.
Kurumba
3.13 The Kurumbas live in Niligiris as well as in the state of Kerala in Waynad,
Nilambur and Attapaddy districts. They cultivate ragi and collect MFP. They are
engaged in cattle rearing and weaving. They are good musicians and are slowly trying to
adapt the life style of the neighbouring areas.
Kota
3.14 The Kotas inhabit Niligiri district. They are traditionally blacksmiths, carpenters
and good musicians. The Kota women make mud pots and exchange them for food
items. Some of the Kota families cultivate a variety of vegetables. They borrowed loans
from moneylenders and most of them have lost their lands.
829
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n
Kattunayakan
3.15 Kattunayakan live in Gudalur Taluk of Niligiris district. They build houses with
bamboo, wild grass and wood available from forests and walls of these houses are made
of mud. They are primarily food gatherers and collect MFP and are experts in taming
elephants. Some of them have taken little forest adjacent to their habitations for
cultivating ragi and pulses for their own consumption. They are mostly working as
agricultural and plantation labourers.
Paniyan
3.16 The Paniyan is the most backward group among the PTGs. Their primary
occupation is cultivation. They work as agricultural and plantation labourers and collect
MFP. Some of them grow paddy and ragi for their own consumption on land assigned 10
them by the Government. They inhabit the areas around the Nilgiris.
3.17 State Government had formulated a proposal during 2002-03 costing Rs. 439.37
lakhs for the development of PTGs. House construction has been accorded' prominence.
as may be seen from the undermentioned table:
Table VI
48.30
92.10
07.50
91.47
439.37
.__ .~-----~ --
SI. No. Developm~nt Pro~rammes (Rs. In lakhs)
1.
Construction of 564 houses I
2.
Provision of streetlights, construction of check-Dams,
1
agricultural godown, community hall, T.V. room and
provision of solar power colour television, irrigation
facilities, supply of sheep units etc.
_._-----~---~-------- 3. Model Paniyan Tribal Village Project in Nilgiris
District.
--- --- 4. Provision of drinking water facilities, formation of
roads, construction of R.C.C. slab bridg~.
--------- Total --~-"--'----'--
During 2001-02, State Government had received Rs. 49.54 lakhs for implementing
various programmes for the PTGs. The amount was utilized for providing solar powcred
pump system, fencing and power tiller in three hamlets of Coimbatore district, and for
providing streetlights and electrification works in PTG villages in the Nilgiris district.
The Commission recommends that economic development schemes should be given
priority over social services in so far as PTGs are concerned.
2564 SA&ST04--53B
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Administration and Development of the PTGs

3.18 The nodal department of Adi-Dravidar and tribal affairs department implements
various schemes for PTGs through the district Adi-Dravidar Welfare Officers. These
officers are entrusted with the task of development of STs (PTGs and Non-PTGs) and
also for implementing schemes for the development of SCs. Except the Nilgiris district,
the pressure by dominant SCs dilutes the developmental schemes for PTGs. The Welfare
Officers are, therefore, not able to give their full-time attention. The Commission,
therefore, recommends that a high level officer should be stationed at Ooty to look
after the PTG~, who live in the Nilgiris district as well as those living outside the
district.
3.19 The Commission further make following recommendations for all-round
development of PTGs
(a) Infrastructural facilities should receive priority for the villages inhabited by
PTGs.
(b) As most of the schools in PTG inhabitations do not run regularly, it would be
useful if voluntary agencies are associatedin running educational institutions.
(c) Public distribution shops should run regularly.
(d) Identity cards should be issued by the Forest Department to PTG families for
entry into forests to collect MFP and grazingtheir cattle.
(e) "Package of services" and not sector-wise allocation should be made
available.
The Commission expresses their concer over low rate of literacy among the STs of the
State (27.89) as compared to 29.6 for the country. Low rate of literacy among Irular
females (3%) is a matter of grave concern. The Commission therefore recommends that
State Government should accord priority to launch special literacy and elementary
education drive among the six PTGs. Close monitoring is required to pursue spread of
education among the dispersed tribal population. State Government should execute
separate packages for tribals outside tribal Sub-Plan areas.
Dispersed Tribal Population
3.20 TSP area covered 2.07 roughly 2 lakhs ST population, i.e. 36% and the remaining
over 3.681akhs STs (64%) are dispersed throughout the state. It was brought to the notice
of the Commission that the Tribal Development Department did not spend adequate
.funds on dispersed tribal groups. The Commission, therefore, recommends that at
least 50% of funds earmarked for tribal development should be s~t apart for the
831
development of dispersed tribal population, so that 81's art ;:,,~blc to cross over the
poverty line within a short span of time.
4 Economic Development
Agriculture
4.1 Agriculture inclusive of horticulture is the main occupation of the tribals. Paddy.
groundnut, sugarcane, cotton, pulses, edible oil seeds and coconut are the major crops
besides coarse cereals and millets like ragi and samai. Agriculture department distributed
seeds of paddy, millets and pulses and bio-fertilizers to tribah. In Yercaud hills of Salem
district, 593 tribals were benefited during 2002-03 and tarQcj)OOJ-04 was fixed for
1012 beneficiaries.
4.2 Major horticultural crops grown in the state arc coftee, pepper, pine-apple,
papaya, tomato, banana, mango, tamarind, grape, chilli and mint. Area covered under
horticultural crops is spread over the districts of Salem and Namakkal (35,003 hac),
Cuddalore and Villupuram (14,452 hac), Thiruvannamalai (11,052 hac), Vellore (9.688
hac), Dharmapuri (5700 hac) and Kancheepuram and Thiruvallur (2001 hac). During
2002-03 State Government utilized Rs. 59.4 lakhs over distribution of horticultural
planting materials and other inputs to 2220 tribal families. Extension work in regard to
propagating the techniques for cultivation improved horticultural crops and educating the
farmers in taking up organic fertilizer application and pest control measures in
appropriate time, was carried out by the horticulture department Tribals owning upto
one acre of land are given seeds I seedlings worth Rs. 1,000 1'ree of cost to popularise
horticulture crops. Floricultural varieties nursed in the tribal area are rose, jasmine and
marigold. In Yercaud hills of Salem district, assistance was given to STs for raising
plants like coffee, silver oak, pepper, nutmeg, orange, free of cost to establish one acre
individual orchard. For 2003-04, the horticulture department had drawn plans to
distribute hybrid vegetables seeds, besides arranging training tours in horticulture
related activities. Oil engines and sprayers were also to be at a cost of Rs. 5.80
lakhs.
Soil Conservation
4.3 Assistance free of cost is ensured to tribals for canying out soil conservation
measures in the lands held by them in hilly and sloppy areas for development of land for
832
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raising agricultural crops. Agricultural engineering department undertook extension of
soil conservation works in the fields of 800 ST families during 2002-03.
Animal Husbandry
4.4 Bovine population of the state consists of cattle, buffaloes, sheep, g~at and
poultry. Toda tribals are well known for their skills in pastoral way of life in the Nilgiris
district. Tribals are provided 50% to 75% of the cost of project as subsidy for having
sheep units, milch animals and calves. Assistance towards health cover to the animals,
artificial insemination etc is also arranged. Animal husbandry department provides
broiler hens, heifer calf to supplement income of tribals. The Department provided
assistance to 1900 ST families annually. In Salem district 75 tribals were distributed
sheep and goat units in 2000-01 (at 100% subsidy) ~osting Rs. 6.75 lakhs.
Fisheries
4.5 Tribals are mostly engaged in inland fishing and it is their subsidiary occupation.
Main varieties of fish liked by the tribals are katla, rohu and mirgal.
Sericulture
4.6 Sericulture is remunerative for the tribals, as it is highly labour intensive. Tribals
owing less than half an acre of land are provided subsidy ranging from 50% to 75% of
the project cost for raising mulberry plantation and rearing of silk wonns. The state
government has set a target of covering 100 ST families annually.
Cottage Industry
4.7 Tribals are proficient in collecting honey. Each tribal family is given 10 beehives
free of cost for this purpose. Village industry programme covers tribal families by
establishing honey-processing plants in ITDP areas. The Todas are well known for their
embroidery and their hand made garments can be readily sold in cities for which they
should be helped.
5 Forest
5.1 There are 632 tribal villages and 47 tribal settlements in 22 forest divisions of the
state. Forest department runs 19 schools in tribal areas, where 4700 students are studying
(some of which are residential schools), and also a 70 bedded hospital in the Nilgiris. The
tribals are engaged in afforestation schemes, various forest works / projects and also as
anti-poaching-watchers. It was reported that the interface between the foresters and the
tribals is very cordial with the result that there is no symptoms of tribal unrest. The Forest
833
department has associated the STs in their forest committees. The State Government has
informed that all forest lands encroached by the STs prior to 1980 have been regularized
and there is no case of encroachment of land in the Reserved Forest. In respect of
Reserved Lands in Kalrayan hills, the area has not been classified as forest land but it has
been categorized as revenue forest. However, in accordance with the judgement of the
Supreme Court, all encroachments in 2000 acres of Kalrayan hills under forest cover
have been called 'AREA UNDER ENCROACHMENT' thereby pattas can not be given.
The Commission, therefore, recommends that the details of encroachments on 2000
acres of land in Kalrayan Hills should be sent to the Government of India for
treating them as revenue lands a~d issuance of pattas. Tribals of Yelaguri hills in
the Nilgiris have urged that their traditional rights of collection of minor forest
produce (Kadukkai) enjoyed by them till 1989 may be restored. Kota tribals of
Gudalur taluk, Todas of Ithalar village of Ooty taluk and tribals of Kalrayan hills
have urged for the restoration of their patta lands from the control of Forest
Department. The forest villages should be converted into revenue villages to enable
them to get benefit under rural development programmes.
5.2 In Sitherihills having 81 tribal villages inside the reserved forests and on its
fringes, the, Forest Department of Dharmapuri district implemented "Tribal Life Support"
programmes in their Sandal estate scheme, afforestation project, water shed development
works and eco-development project. These activities included incentive to the tribals for
tree growing in their farm lands, soil and moisture conservation works by construction of
check dams I percolation ponds, construction of pipeline for carrying water, thrashing
floor and community halls and distribution of fruit bearing plants free of cost. Training to
tribals was provided in motor driving and arranging driving license and also in tailoring
and basket making. Sewing machines were distributed to the tribals free of cost.
Assistance was made available for purchasing coir making machine and running petty
shops. Vermi compost units were set up in tribal villages. The Forest Department also
distributed blankets to tribal households. An amount of Rs. 27.65 lakhs was utilized by
the Forest Department during 1992-93 to 1996-97 under Sandal Estate Scheme in Harur
Forest Division for tribals of Sitheri hills. Other welfare works were construction of
kitchen shed, thrashing floor, sheep rearing, coir making, running of petty shops. Further
activities proposed to be undertaken were following:
1. Construction of watersheds -15
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2. Community hall cum training shed -2
3. Drinking water facilities in one village
4. Installation of flour mill at one village
5. Distribution of 10,000 fruit bearing plants
6. Distribution of 500 bee hive boxes and training to 60 tribals
7. Collection of MFP free of cost
5.3 In accordance with the guidelines for executing Integrated Afforestation and Eco-
development Project under the Joint Forest Management concept, afforestation was
carried out in 2500 hectares of reserved forests in Dharmapuri district benefiting 30 tribal
villages. Women Self Help Groups numbering 30 were provided incentive money at Rs.
5,000 for each group. The Project benefited the tribals by (1) generating employment for
2 lakh mandays, (2) distribution of coconut plants to 1108 persons, (3) beekeeping for 150
persons, (4) solar power street lights in 2 villages and (5) vermi compost units in the
fields of 130 households. In addition an area of 5 hectare was demarcated and fenced to
raise varieties of medicinal plants in Sitheri reserved forest.
The Commission during their visit to Anakatty village were impressed by the manner in
which Irula (PTG) tribals had succeeded in growing anthurium flowers with the support
of Forest Department. Forty-six Irula families have been availing facilities of irrigation ..
through diesel water pump, health care and school set up for their children upto IX
classes. Electric fencing to protect the tribal families from wild animals has also been
erected. These families were earlier living inside the forest. The forest department has
built houses for them and also allotted land for cultivation. The STs demanded that a
check dam should be built over the stream so that they can get assured means of
irrigation for cultivation.
5.4 The State Forest Department vide their G.O. MS. NO. 79 dated 29.4.2003
permitted the tribal communities to collect non timber forest produce (NTFP) from forest
areas free of cost and sell them in the open market for their day to day earnings. The
Village Forest Committees have been associated in this activity. The Commission
recommends that the traditional rights with regard 0 NTFP oftribals should be codified.
5.5 The Forest Department had forwarded through the State Adi Dravidar and Tribal
Welfare Department a proposal costing Rs. 91.67 crores for the welfare of tribals but it
was not concurred in by the Ministry of Tribal Affairs in the Government of India. The
Commission has noticed that the forest department in the state has been associated in
835
undertaking developmental activities for STs since long and has come up with
programmes to cater to their all round programmes. The Commission, therefore,
recommends that Ministry of Tribal Affairs should provide funds out of Article 275
(1) for development of infrastructure in villages / hamlets inhabited -by tribals lying
in the reserved / protected forests.
6 Cooperation and Marketing
6.1 About 33,890 tribal families have been enrolled as members of 19 LAMPS
functioning in Tamilnadu. These LAMPS were set up to rescue the tribals from the debt
trap of unscrupulous money tenders. LAMP societies provide short term, medium term
and consumption loans to tribals besides assuming responsibility for ensuring reasonable
return for their produce. They also function as public distribution system centres for
distribution of essential commodities at fair price. The LAMPS provide employment
opportunities to tribal members by way of collection of minor forest produce (MFP)
items, such as, gallnut, curry leaves, tamarind, tapioca and nellikai (aonla). Consumer
articles handled by the societies are rice, wheat, sugar and kerosene oil and non-
controlled items included grocery, toilet items and oil. In regard to meeting credit
requirements, advances are made available to them without charging any interest. Details
regarding organization, structure and business activities of LAMPS have been furnished
at Appendix II.
6.2 At the time of organizing a LAMP society, authorized share capital is Rs. 1 lakh.
As on 31.12.2003, working capital of LAMPS was Rs. 21.82 crores. During 1998-99 to
2002-03, an amount of Rs. 414.64 lakhs was provided by the state government to
LAMPS to carry on their activities. Business undertaken by the LAMPS during 2002-03
(upto 30.11.2002) was worth Rs. 18.07 lakhs in respect of MFP collection and Rs. 99.59
lakhs by selling agricultural inputs to tribal members. As regards recovery of loans, the
position was reported to be unsatisfactory (31%). Overall status of LAMPS has been
rated by the state government as that of "under loss". The tribals are not able to repay the
loans because they don't get employment throughout the year. Other reasons for LAMPS
working under net loss are non managerial assistance, inadequate and delayed interest
subsidy by the state government, mounting interest dues to District Central Cooperative
Banks and high establishment cost. On 18.2.2003, Secretary, Adi Dravidar and Tribal
Welfare apprised the Commission of certain constraints in ensuring credit to the tribals
836
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from the banks, as they insisted upon collateral security from the tribals, whereas the
same was not insi~ted for implementation of schemes sponsored by the Rural
Development Department. The recent circular issued by NABARD will overcome this
difficulty to a large extent.
6.3 Field visit - The Commission paid a visit to a LAMP Society located at Sitheri,
Pappireddipetty taluk of Dharmapuri district. Out of 4806 members, number of tribals
was 4438 (92%). Important activities undertaken by the society and working results were
as under:
1. No. of tribals given loans
2. Purchase of agricultural produce
Beans, turmeric, mustard, chilly etc.
1163
1.28
2000-01 2001-02
340
2.88
(Rs. in lakhs)
3. Supply of agricultural inputs
(Rs. in lakhs)
6.60 5.99
51.48
155
0.79
4.14
Rs.31.641akhs
0.75
4. Purchase of minor forest produce -
Gallnut, Tamarind etc. (Rs. in lakhs)
5. No. of tribal families served at 10 fair
price shops (2697 out of 3269 families) as on 31.07.2003
f
6. Supply of essential consumer articles
during 2002-03 worth (Rs. in lakhs)
7. Coverage of card holders by Mobile van
to far off tribal villages -
8. Supply of consumer articles to 5 residential schools
during 2002-03 (Rs. in lakhs)
9. Members deposits as on 31.7.2003 -
10. Loan of District Central Cooperative Bank
outstanding as on 31.3.2003 - Rs.87.061akhs
11. Loans ou~tanding as on 31.7.2003 - Rs. 62.61 lakhs
12. Cumulative loss as on 31.7.2003 - Rs.64.391akhs
6.4 The LAMP Society at Yercaud hills in Salem district visited by the Commission
has a membership of 7845 tribals out of 8910 persons. As Rs. 31'.06 lakhs are outstanding
837
as on 31.7.2003 against loan advanced, further borrowings from the Central Cooperative
bank have been stopped. The society carried activities of public distribution through its
23 full time and 5 part time shops, benefiting 2430 cardholders. Owing to rising
establishment cost, the society incurred loss of Rs. 20,000 every month. Primary Land
Development Bank had advanced Rs. 20 lakhs some years back as loan to the PTGs for
horticultural development in the Nilgiris district. Owing to persisting drought condition,
the tribal could not repay outstanding loan amount plus interest accrued thereupon and
the penal interest which worked out to Rs. 60 lakhs. Likeswise, lrula (PTG) tribal farmers
have not been able to repay loans to the Primary Land Development Bank, Kotagiri in the
Nilgiris district borrowed for raising tea plantations and they were forced to work as
bonded labourers to eke their livelihood.
The Commission considers that transformation of lrulas from forest based
economy to horticulture and plantation was premature and for no fault of theirs they have
been forced into debt-trap. The Commission recommends that entire amount due on
PTGs may be converted into grant and they may be saved from exploitation and
harassment.
-
6.5 The Commission recommends that sources of regular income of tribals
should be increased and habit of savings introduced among the STs and only their
outstanding loans could be minimized. In order to make LAMPS viable separate
regional and state level agencies of LAMPS may be formed, area of LAMPS
reduced, managerial subsidy and administrative expenses met by the State
Government. The LAMPS should be supported to have business relations with
forest officials, land development banks, and other financial institutions. Tribal
Cooperative and Marketing Federation (TRIFED) set up by the Ministry of Tribal
Affairs should establish tie up arrangements with 19 LAMPS in the state and they
should take one of LAMPS representatives in the TRIFED organizational structure.
TRIFED should also set up an office or branch in Tamilnadu. The National S.T.
Finance and Development Corporation should also establish close linkages with
state level LAMPS, so that these could render better service to tribal societies. The
Commission further recommends that the banks should not insist for collateral
security while providing credit facilities and should adopt personal security while
lending assistance to the tribals.
838
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7 Irrigation
No major and medium irrigation projects are located in the tribal areas of the
state. However, under minor irrigation, check dams and percolation ponds are constructed
in TSP area to give assure~ supply of water for irrigating the lands, 50% of which are
owned by the tribals. The cost of such schemes works out to Rs. 38,000 per acre. During
VIII Five Year Plan, Rs 108.50 lakhs were utilized for irrigating 244 hectares belonging
to the tribals and Rs. 47.31 lakhs during IX Plan to benefit 206 hectares. During X Five
Year Plan 456.97 hectares are targeted to be covered at a cost ofRs. 430 lakhs. In regard
to rehabitation of those displaced, the State Government implements necessary
programmes and funds are provided to a cell set up exclusively for the purpose. During
their visit to Kanyakumari district, the Commission was informed that for the people of
Kalapparai settlement a small.check-dam was constructed by DRDA in 200~-03 to retain
the water. The Commission recommends that an evaluation of irrigation schemes
should be carrried out by the Tribal Research Centre to find out the benefits
derived by the STs.
8 Electrification
State Government has taken a policy decision to provide streetlight to all the tribal
inhabitations. Accordingly street lights were made available to 73 tribal habitations
during 1997-98 to 2001-02 at a cost of Rs. 331.19 lakhs. In Salem district lights were
provided to two tribal villages, namely Maramangalam and Vadakkunadu during 2001-
02. In Kanyakumari district DRDA commissioned 3 Deenabandhu model bio gas plants.
Each unit provided lighting to tribal houses arid one community hall around Pechipparai.
These biogas plants serve the dual purpose of eradicating environmental pollution and
generating energy.
9 Roads
State Government has drawn plans to provide facility of road connectivity to all
the tribal villages with main villages. During IX Plan period link roads were formed in
tribal areas of Coimbatore, Dharmapuri, Namakkkal, Tiruvannamalai and Salem districts
costing Rs. Six crores.
839
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- 30 houses each in 2001-02 and 2002-03.
- 14 houses in 2000-01
- employment to 300 families in 2001-02
- employment to 246 beneficiaries in 2002-03
10 Rural Development
10.1 The Commission was apprised by panchayat members of Sitheri (Dharmapuri
district) on 30.8.2003 that they have drawn full advantage of rural development schemes.
A brief of the schemes implemented and works taken up by the Panchayat were as under:
(1) Construction of retaining walls, multipurpose centres, culverts, drainage,
causeways, roads, open wells worth Rs. 11.40 lakhs during 2002-03 under
Sampooma Gramin Rozgar Yojana.
(2) Construction of 5 anganwadi toilets costing Rs. 50,000 under Total Sanitation
Programme during 2002-03.
(3) Deepening of2 open wells out ofMLA funds in 2003-04 for Rs. 33,000.
(4) Improvement of Selur - Ammapalagam road for Rs. 18.30 lakhs under Prime
Minister Gramin Sadak Yojana-during 2001-02.
(5) Improvement of Palakuttai - Selur road for Rs. 60,000 in 2001-02 out. of ITOP
budget.
10.2 Progress of works undertaken in Salem district during the last two years was as
under:
1. Indira Awas Yojana
2. Credit based rural housing
3. P.M. Gramin Sadak Yojana
4. Rozgar Yojana
Self Help Groups
10.3 Commission visited Sitheri in Oharmapuri district and discussed with the
panchayat members the formation of Self Help Groups by the tribals. It was informed
that 40 SHGs have been formed and seven of them have been given financial assistance
to have revolving fund. Two SHGs have started giving economic assistance to their
members. The SHGs have taken up various activities such as collection of tamarind, and
rearing sericulture, sheep units etc.
Public Distribution System
10.4 No distinction is made between families below poverty line and above poverty
line in the distribution of rice, sugar and kerosene under PDS. The price of rice
distributed through the PDS is Rs. 3.50 per kg. for the first 10 kg, and Rs. 6 for the
840
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remaining entitlement. Sugar is supplied @ 13.50 per kg upto 2 kg per family per month.
Kerosene oil is made available @ Rs. 8.90 per litre upto 5 litres per family per month.
The rates for these commodities are common for tribals and non-tribals.
Developmental Needs Of Tribals
10.5 Pappireddypatti Panchayat Union of Dharamapuri district has submitted a
proposal for all round development of tribals living in the hills at a height of 3200 feet in
the Eastern Ghats. Projection of their priorities was (1) roads, culverts, bridges, (2)
housing, (3) health care of human beings and cattle, (4) school buildings
The Commission was informed that Sitheri Panchayat was considered as
most inaccessible followed by Pothakkadu Panchayat. The Commission, therefore,
recommends that Tribal Welfare Department should look into the requirements of
tribals living in Sitheri hills in Dharamapuri district and provide focused attention
for rapid socio-economic development of the area as well as the STs.
11 Tamilnadu Adi Dravidar Housine: and Development Corporation
(TAHDCO)
11.1 Since the tribal population of Tamilnadu is very meagre, the TAHDCO takes care
of the tribals interest. From the year 1997-98, the Government has been providing Rs.
150 lakhs per year for the Individual Entrepreneurial Schemes for the Tribals. The
nomenclature of this scheme was changed in the year 2001-02 as Financial Assistance to
Scheduled Tribes for Economic Development (FASTED) revising the norms of schemes
according to the convenience of the tribals to avail the benefits of this scheme. There are
other special schemes for women like organizing Self Help Groups, Micro-credit
approach in the transport sector, distribution of mini van, jeep and lorry etc.
11.2 In the year 2002-03, infrastructure programmes for tribals such as houses,
drinking water, roads, street light etc and also financial assistance programmes for
economic activities for tribals were taken up by TAHDCO for a total outlay of Rs. 390
lakhs covering 15,200 tribal beneficiaries in the 10 districts of, Salem, Tiruvannamalai,
Villupuram, Vellore, Dharmapuri, Namakkal, Thiruvellore, Kancheepuram, Coimbatore
and Nilgiris. At Salem, the Commission discussed the activities implemented by
TAHDCO and they were informed that schemes costing Rs. 45.88 lakhs were executed
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during 1997-98 to 2001-02 benefiting 109 tribal beneficiaries and in addition to this a
school building was constructed at Kariyakoil Valavu in Peddanaicken panchayat. During
2002-03, 103 ST persons were assisted for implementing schemes, such as mini dairy,
goat unit, tractor and trailor at a cost of Rs. 61.43 lakhs. Infrastructure facilities, such as,
drainage, bore well, open mini-tank, pipeline, group housing etc were provided to 9 tribal
villages. Besides, 35 ST candidates were given training in computers under self-
employment training programme during 2002-03 by the Corporation.
11.3 The Commission recommends that an exclusive Finance and Development
Corporation for Scheduled Tribes may be set up in the state.
12 Package of services to enable tribals to crossover poverty line
In the year 2001-02 State Government provided assistance to 5136 ST families to
enable them cross over the poverty line. During 2002-03 a package of services containing
horticulture, animal husbandry and self-employment scheme was introduced to benefit
13,515 tribal families. Sector-wise details are given below:
S.No.
Sector No. of families I
beneficiaries 1.
Programme for development of primitive tribes
4633
and dispersed tribes. 2.
Swam Jayanthi Gram Swarozgar Yojana (Rural
3000
Development Department)
3.
Horticulture 2220
4.
Animal Husbandry
1900
5.
Soil Conservation 800
6.
Housing Schemes under LA.Y. & ITDP
518
7.
Minor Irrigation
224
8.
Social Welfare 120
9.
Sericulture 100
Total
13515
The Commission recommends that evaluation of impact of these programmes
should be conducted to find out how many out of 13,515 beneficiaries have been able
to cross poverty line.
842
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13 Social Development
Education
13.1 Education holds the key for.the development of any community. The Government
of Tamilnadu has set up 272 tribal residential schools admitting 45,606 students, 26
hostels catering the needs of 1271 ST students. It distributed slates, textbooks, notebooks,
and uniforms free of cost. Pre-matric and post matric scholarships are also given to ST
students. From the year 2001, free bicycles to tribal girl students studying in XI and XII
classes have been made available. In the year 2003, a new scheme - "Higher Education
Special Scholarship Scheme' was launched under which tribal students studying in post
graduate and professional courses are paid Rs. 7000 per annum as grant. There are four
vocational guidance centers and one I.T.1. for them. Students are also taken on excursion
in all higher secondary schools and Rs. 1,000 per school per year are made available,
other programmes executed by the State are special coaching for students in classes X &
XII and those preparing for professional course entrance examination, library facilities in
High/Higher Secondary Schools, training to teachers, computer education in schools,
boarding grants to subsidized private hostels, book banks, special assistance to law
graduates, compensation of tuition fee to universities, exemption from payment of
admission fees and registration fees, oversees scholarships and awards and incentives for
improving standard of education. Besides students, awards are also given to teachers for
enrolling more number of girl students and to those who produce better results. A brief of
execution of schemes in districts visited by the Commission is given in the succeeding
paragraphs.
13.2 Madurai District
No. of educational institutions run by Tribal development department were:
Schools No. Students
P.S. 5 1107
M.S. 7 836
H.S. 1 257
H.S.S. 2 1679
Total
Hostels
No. 45
Govt. Building
28
15 3879
Boarders
Rental Building
843
3226
17
Rate of food charges per month:
Post Matric - Rs. 400 per student
School level - Rs. 300 per student
ST Students. were supplied textbooks, two sets of uniform in a year, and awarded
scholarships at pre-matric and post matric levels of'education. During 2002-03, 1290 ST
girls studying in classes IX & XII were distributed bicycles.
13.3 Salem District
In Salem district, Tribal welfare department administered 47 Government tribal
residential schools and three tribal hostels, benefiting 475 students. An expenditure ofRs.
2.90 lakhs was incurred every month by the district administration on these activities.
13.4 Tiruchirapally District
The Commission visited the Higher Secondary School, Sengotapatti on
20.2.2003. The number of students enrolled and present were as under:
Class Enrolled Present
VI
82 75
VII
84 75
VIII
66 61
IX
79 70
X
73 68
XI
35 35
XII
26 21
Total
445 405
13.5 Kanyakumari District
According to the 1991 census, the total population of Kanyakumari district was
16,01,292, of which 5223 were Scheduled Tribes (0.33%). Kanyakumari district has a
high literacy rate in the State. The literacy rate of Scheduled Tribes was 54.81% in the
district. For the development of education of Tribals, two Government tribal residential
(GTR) higher secondary schools and one residential middle school have been
functioning. The details of students strength in these schools are given below:
844
'I ill II I'
II II
II I I Iii II , III
I.
S.No.
Name of the School ST
1.
GTR. HSS, Pechipparai
181
2.
GTR. HSS, Pathukani
169
3.
GTR,
Middle
School,
94
Manalodai
The 12th standard 2001-02 annual examination result in Government tribal residential
school~ was as detailed below: .
12th Standard
S.No.
Name of the School
Appeared
Passed Percentaee
1.
Pechipparai
104 87 85.5%
2.
Pathukani 49 47 96%
Besides these GTR schools there are 17 hostels where 819 boarders have been admitted.
Out of the 17 hostels two hostels have been functioning excl~ively for tribal girls, one at
Pechipparai and other at Pathukani having the total strength of 98 hostellers. The major
tribal community of the district is Kanikars. There are 48 Kanikar settlements which are
situated in the reserved forest area. One Tribal residential middle school at Manalodai has
been functioning in the reserved forest area for very long. In the year 2001-02 solar
.
powered lights were installed in the school by DRDA at a cost of Rs. 1,64,000.
14 Employment Opportunities
14.1 State Government has accorded priority in ensuring employment opportunities to
educated tribal youth. Vocational guidance centers have been set up at Udagamandalam,
Sankarapuram, Jawadhu Hills and Kolli Hills in tribal areas. A mini IT! at Sankarapuram
in Villupuram district provided training to 80 ST boys per batch. Self Help Groups of
tribal women are encouraged to take up projects upto Rs. 5 lakhs. They are also trained in
basket making, tailoring and other vocations. For individual entrepreneurial schemes,
assistance is provided to execute a project costing Rs. five lakhs with a component of
subsidy upto Rs. 25,000, 20% of the cost is met through margin money and loan upto Rs.
3.50 lakhs is arranged through banks. Under the scheme of supply of mini transport
vehicles, jeeps worth Rs. 175 lakhs, Mini vans worth Rs. 90 lakhs have already been
supplied for operating these vehicles as tourist vehicles during 2002-03. Assistance worth
2564 SA&ST/04-54A
845
Rs. 47 lakhs was extended to tribals for setting up mini dairy, rearing sheep units and
producing handicraft items. A new scheme providing financial assistance upto Rs. 7.50
lakhs as loan for doctors, engineers, contractors and other tradesmen was also introduced
in the state for STs.
14.2 Special vocational guidance centre for tribal population, Salem extended coaching
facilities to 54 tribal students in 2000-01, 61 in 2001-02 and 52 in 2002-03 for entrance
examinations to various professional courses. The centre also registered 368 tribals in
2002 for employment assistance and provided guidance to 656 STs in 2002. Monthly
stipend of Rs. 400 was provided to 110 ST students during 2002 by the vocational centre
for training in 6 vocations, such as, nursing, lab technician, x-ray operation, electrician,
A.c. mechanic, motor mechanic and wiring. The Centre also motivated and guided 28 ST
persons in securing loans from TAHDCO for various self-employment pursuits.
15 Health
15.1 To provide health facilities in tribal areas 14 Siddha dispensaries and one mobile
medical unit in tribal areas has been set up. A project to provide health care services and
development of capacity building of PTGs is being implemented in the districts of
Tiruvallur, Kancheepuram and Nilgiris with the assistance of Indian Council of Medical
Research. The mobile health team sanctioned in 2002-03 at a cost of Rs. 2.68 lakhs (for
fuei and medicines) for the tribals of Yercaud hills in Salem district has been widely
accepted in tribal area as it has served a large ST population of 37,648 persons during the
opening year of the scheme itself. In Sitheri hill area of Dharmapuri district, there is one
PHC and 4 Health Sub Centres, catering to about 8518 persons. It was informed that
village health nurses posted at health sub-centres do not stay in the villages, as residential
accommodation is not available for them. Common prevailing diseases are malnutrition,
scabies, sexually transmitted disease and leprosy. In Anchetty hill area, one PHC and 14
sub - centres were functioning. Eight posts of village health nurses out of 14 were vacant.
Mobile health facility was non-functional for want of budget for fuel at both the places.
The Commission recommends that number of Mobile Health Teams should be
increased in tribal areas.
2564 SA&ST/04-54B
846
'11ft. :llll
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II ,'I II i il
II I I III I' ~ I H
16 Housing
16.1 According to 2001 census, out of 316,567 ST households, percentage of good,
livable and dilapidated houses was 83%, 16% and 1% respectively. Thirty nine percent
houses had their roofs made of grass, thatch, bamboo, wood and mud etc.
16.2 Source of lighting - Out of 3,16,567 ST households, one pel'cent households do
not have any lighting in their houses, however, 62% households used electricity, 35%
Kerosene, 0.4% Solar energy and 1.6% other oil etc.
16.3 Type of fuel used for cooking - Nearly three fourth of ST households
used firewood, crop residue, cowdung cake, coal etc for cooking. Those who used LPG
and Kerosene were 13% and 12% respectively.
16.4 House construction - A special scheme of providing houses to STs is
implemented by the Tribal Welfare Department under which a house costing Rs. 32,000
in plains and Rs. 34,000 in hilly areas is constructed. Achievements during IX plan
period were 1717 houses and in 2002-03, the houses constructed were 118. The
"
Commission was informed at Sitheriin Dharmapuri district on 30.8.2003 that the
Panchayat members took keen interest in availing assistance towards construction of
houses. So far 535 houses have been constructed in the Panchayat under various
progammes of government including LA.Y. and ITDP. In Madurai district, house sites
are distributed to tribals for those having annual income upto the 24,000 in the range of 3
cents in rural area, 1 12 cent in Municipal and 1 cent in Corporation area. In Kanyakumari
district most of the tribals have huts made of cococut leaves. In the year 2001-02 lAY
type houses were constructed for 47 tribals.
17 Drinking Water
17.1 According to 2001 census, details of type of the drinking water source and its
location available for the STs in the state were as given below:
Water Source
No. of Households Percentage
Tap
149643 47
Handpump
72082 23
Well
.
59460
19
Tank, Pond, Lake, River,
21659 7
Canal, Spring, etc.
Tubewell
13723 4
Total
316567 100%
847
11
The above table indicates that tap water has been made accessible in tribal areas
for nearly half of its households. However, it is also noted that only 18.5% households
have water-source within their premises, 61% near the premises and 20.5% have to fetch
drinking water from places located 'away' (more than 500 metres.)
17.2 The State Government has informed that out of 1316 tribal habitations in the state,
adequate water supply (40 litres per capita per day -Lpcd) has been provided for 918
habitations (70%) by arranging open wells with power pump and mini-power schemes as
well as bore wells leaving a balance of 398 habitations. Problem villages (having service
level of less than 10 Lpcd) are 102 in the 3 districts of Thiruvannamalai (76), Namakkal
(11) and Salem (15). Non-problem villages (with service level from 10 to 39 Lpcd) are
296 in the districts ofVellore, Dharmapuri, Villupuram, Trichy, Namakkal and Salem.
17.3 During 1997-98 to 2002-03, an expenditure of Rs. 230.22 lakhs was made out of
an allocation of Rs. 278.53 l~khs for providing water supply to 79 habitations. State
Government has proposed to ensure safe drinking water to cent percent habitations
including 13 habitaitons of Namakkal district affected by iron ore content during tenth
,
five year plan period. In Yercaud hills of Salem district, two tribal habitations were taken
up for providing drinking water through power pump and hand pump schemes. Seventeen
tribal habitations could not be provided with water supply due to non-availability of
proper approach road and power supply. In such areas, open wells is the only alternative
for the present. The Tribal Welfare Department also executed water supply works in
tribal areas, in addition to the schemes implemented by Tamilnadu Water Board. During
IX Plan period, 102 tribal habitations were covered at a cost of Rs. 271 lakhs and during
2002-03, 6 habitations were provided drinking water at a cost of Rs. 39 lakhs.
17.4 The Commission recommends that tribal habitations of Namakkal,
Thiruvannamalai and Salem districts should be ensured safe and adequate drinking
water supply expeditiously.
18 Monitoring And Evaluation
18.1 The schemes implemented under the TSP are monitored and evaluated at regular
intcrvals by the project authorities on the basis of periodical reports sent by the concerned
sectoral departments. At the State level, it is consolidated and analysed for review by the
Secretary to Government. Adi Dravidar and Tribal Welfare Department and the Director
848
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II II
'! I i ,I III I j , : U
of Tribal Welfare. During the year 1998-99, the following evaluation reports were
submitted by the Tribal Research Centre, situated at Goty.
1. Evaluation of LAMP Society in Nilgiris District
2. Evaluation of Hill Area Development Programme Schemes for tribal
development.
3. Formal education and use of dialects: a study among the Todas ofNiigiris.
The Tribal Research Centre has proposed to take up 7 more evaluation studies on
tribal development schemes.
(1) Ethnographic profile of STs
(2) Socio Economic and Cultural Studies among P.T.G.'s
(3) Evaluation of Tribal Groups at Jawadu Hills, Tiruvannamalai
(4) Evaluation ofG.T.R. Schools in Kolli Hills
(5) Food and Malnutrition among Malayali tribe
(6) A study of Kotas, Kattunayakans and Paniyas
18.2 The Commission recommends that the TRC may be closely associated in the
formulation of Tribal Sub-Plan.
Tribal Research Centre, Ooty
18.3 The Tribal Research Centre was set up on 2.10.1983 at Udagamandalam under the
auspices of the Tamil University and later it was taken over by the Department of Adi
Dravidar and Tribal Welfare on 13.9.1995. The main obj.ectives of the TRC are: - (1) to
conduct studies on STs, (2) to organize seminars / work shops on tribal subjects, (3) to
impart training to those who are concerned with tribal development, (4) to conduct
research on communities to be included in ST list and to find out the facts of false ST
certificates, (5) to preserve tribal artifacts in Tribal museum and to prepare perspective
plans for the uplift of the STs. The TRC has a tribal museum - indoor and open air, a
library, a audio-video equipment, a herbal garden and also a demonstrative agriculture
farm.
849
11
Nature of Programmes conducted by TRC:
18.4 Training programmes, orientation programmes, awareness programmes, seminars
/ workshops / get together and cultural activities related to tribal participants are
organized.
On-going Projects
18.5 Studies on Marketing and collection of Minor Forest Produce (MFP) in Kalrayan
hills of Villupuram district at Tamilnadu, Anthropological verification of certain
communities in Tamilnadu for inclusion in the list of SC & STs and Mudugars of
Tamilnadu: A tribe in search of development in Anthropological perspectives are
underway. The construction of open air Tribal Museum in TRC campus (25 acres of
land) is in progress. The TRC has completed a number of research studies like (1) Tribal
habitats, (2) Sericulture, (3) Language use, (4) LAMP society, (5) Family welfare
programmes, (6) Alienation of tribal lands, (7) Health care - Leprosy, (8) Tribal women
and development, (9) Hill Area Development Programme (HAPP), (10) Govt. - Tribal
residential schools and (11) Alcoholism among primitive tribes
18.6 The Nilgiris Adivasi Welfare Association (NAWA) founded by Late Padmashri
Dr. S. Narsimha in 1958 urged the Commission to persuade the State Govt. to permit the
NAWA to make use of the vacant space in the building of the Tribal Research Centre at
Ooty for organizing training programmes for tribals in vocational trades, teachers of
residential schools and government employees and NGOs in tribal development. The
Commission recommends that the State Govt. may consider the request of NAWA
to make use of the premises of TRC. Terms and conditions could be mutually settled
as per rules.
Hill Area Development Programme
19 An amount of Rs. 120.66 lakhs was utilized in the Nilgiris district on supply of
colour TV sets to 60 ST habitations, streetlights, hutlights, documentation and
preparation of tribal culture, health and legal awareness programme for tribal adolescent
girls, construction of houses for tribals and holding seminars for drawing action plan on
tribal development. New schemes adopted for the welfare of tribals during the Tenth Five
Year Plan are training of tribals to work as teachers in tribal areas, formation of
volunteers committees, acquisition of land for schools, computer education, promotion of
850
...
1111 j 'I ill
II II II II I I II ~ 1.1 Iii I j ~
private management schools, private sector participation in hostel management and
assistance to students staying in hostels run by private institutions. Economic
development ventures include skill development, talent search training programme for
job placement.
Services
20 Reservtltion in services for STs in the State is 1%. Commission recommends
that appointments made at district level should adopt the norm of proportion of ST
population in the district to the total population in the district. The Nilgiris Adivasi
Welfare Association has brought to the notice of the Commission the plight of two
tribal women employees (PTG -Toda) whose services were terminated on 31-03-
2003 without any showcause notice. The Commission recommends that appointment
and termination of Ms Jayamissie (Post Graduate) and Ms Deepa (Graduate), Toda
girls may be reviewed by the State Govt.
Non-Official Agencies
21 At Anaikatti, Coimbatore, Commission visited Arsha Vidya Gurukulam, run by
All India Movement for Seva (AIM for Seva) in which 120 tribal students from Classes
III to X are provided schooling boarding and lodging. The tribal students admitted in the
Gurukulam come from interior forest areas from about 20 hamtets. Co-curricular
activities like sports, games during the evenings and regular medical check-ups are also
done. Regular monthly parents-teachers meetings are held to make the parents aware of
their children's improvement and given counseling for problems faced by them. AIM for
Seva is running the school and hostel without any govern.ment aid. The good work of the
organization is commendable which should be supported by the Central and State
Governments. The Commission recommends that the Ministry of Tribal Affairs
should consider sanctioning grant -in-aid to AIM for Seva for running the
residential school for tribals at Anaikatti in Coimbatore district.
851
'I
22 General Observations / Recommendations
The Commission makes under-mentioned salient observations and
recommendations:
(1) At present the Forest department is implementing various developmental
schemes for tribals in forest areas out of their budget allocations. State
Government should also set apart some funds out of special Central
Assistance and grant under Art. 275 (1) at the disposal of Forest department
for development of tribals living in forest areas. Tribal Forest interface in
the state is very cordial and they maintain symbiotic relationship in true
spirit of the term. The Commission appreciates the gesture.
(2) Kadar tribe may be considered for notification as Primitive Tribal Group in
Tamilnadu, as it has been recognized as PTG in neighbouring Kerala State.
(3) A strict vigil on issuance of tribal certificates is no doubt laudable but all the
more it should not lead to harassment of genuine tribals in getting the
Community Certificates on time.
(4) One out of thirty nine Lok Sabha seats of the state may be reserved for
Scheduled Tribes as their population was 6.5 lakhs in 2001 census.
(5) Hill top tribal villages should receive focused attention for development of
infrastructure and marketing of tribal produce.
(6) The Commission has noticed from the data on the implementation of several
developmental programmes that number of beneficiaries belonging to
SC/ST/SC converts are clubbed together and ST beneficiaries are not
tabublated separately, which should be done for all schemes.
(7) A group of "Lambadi" community who are STs in Andhra Pradesh
submitted a memorandum to the Commission requesting them to consider
their demand for inclusion of Lambadis in the list of ST of Tamil Nadu. State
Govt. may process the case taking the advice of Tribal Research Centre and
forward their views to the Ministry of Tribal Affairs.
(8) A development plan by a Committee of experts may be drawn to wean away
the Toda tribe from pastoral way of life to some other vocations in a phased
manner spread over a long span of time.
852
" I' '"
II ,[ II I iI I I I 'I;i ! li~ i ,I Iii I j ~ I H
NAMES OF THE SCHEDULED TRIBES IN TAMILNADU
Appendix - I
S:No.
NAME OF THE SCHEDULED TRIBES
1.
ADIYAN
2.
ARANADAN
3.
ERAVALLAN
4.
IRULAR
5.
KADAR
6.
KAMMARA (excluding Kanyakumari district and Shenkottah taluk ofTirunelveli district)
7.
KANIKARAN, KANIKKAR (in Kanyakumari district and Shenkottah and Amba samudran taluks ofTirunelveli district)
8.
KANIY AN, KANY AN
9.
KATIUNA YAKAN
10.
KOCHUVELAN
II.
KONDAKAPUS
12.
KONONDAREDDIS
13.
KORAGA
14.
KOT A ( excluding Kanyakumari district and Shenkottah taluk ofTirunelveli district)
IS.
KUDlY A, MELAKUDU
16.
KURICHCHAN
17.
KURMBAS (in the Nilgiris district)
18.
KURUMANS
19.
MAHAMALASAR
20.
MALAI ARA YAN
21.
MALAI PANDARAM
22.
MALAIVEDAN
23.
MALAKKURAVAN
24.
MALASAR
25.
MALA YAll ( in Dharmapuri, North Arcot, Pudukottai, Salem, South Arcot and Tiruchicapalli districts).
26.
MALA YEKANDI
27.
MANNAN
28 .
MUDUGAR, MUDUV AN
29.
MUTHUVAN
.
30..
PALLEYAN
31.
PALLlYAN
32.
PALLlYAR
33.
PANIYAN
34.
SHOLAGA
35.
TODA ( excluding Kanyakumari district and Shenkottah tal uk ofTirunelveli district)
36.
URALY
853
II
Appendix - II
Organisation, Structure and Business Activities of LAMPS
1. No. Of LAMPS - 19
2. Area of activity - 9 Districts (Salem, Namakkal, Dharmapuri,
Trichy, Vellore, Tiruvannamalai,
Villupuram, Nilgiris and Erode.
3. Activities (1991-92 to 2002-03 - upto 31.12.2003) - (Rs. in crores)
(a) Loans issued - 69.37
(b) Purchase of agricultural produce - 11.27
(C) Collection / purchase ofMFP - 8.86
(d) Supply of agricultural produce - 13.16
(e) Distribution of consumer - 62.67
commodities
854
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II II I " 'I I i il ~ Iii t I ~
REPORT ON TRIPURA STATE
1. Introduction
Tripura is termed as a laboratory of exotic cultural synthesis. It represents a
composite culture with several ethnic groups and is known for pollution free eco-
friendly environment and pleasant weather. A matchless combination of age-old
culture and tradition is reflected in the beautiful hand loom and handicraft products of
the State, which are known for their classic quality bright and attractive colours,
excellent design and craftsmanship.
1.2. Profile of the State
1. Area
Scheduled Area
Tribal Area
10,491.69 Sq. Km.
Nil
7,132.56 Sq. Km.
2.
Demography
(in lakhs)
1981
1991 2001
(i) Total population
20.53 27.57 31.93
(ii) ST population
5.84 8.53 9.93
(iii) Percentage
28.45 30.95 30.45
3.
Sex Ratio Total 945
(2001)
ST 965
4.
Literacy Rate
Total 60.4 Males 70.58 Females 49.65
(1991 )
S.T. 40.4 Males 52.88 Females 27.34
5. Gross Enrolment Ratio
(1997-98)
Classes I to V Total
Classes VI to VIII. Total
88.3,
54.7
ST 90.0
ST 41.7
6. Dropout Rates
Classes I to X (2000-2001) ,
Total 76.95
S.T. 86.72
7.
Work participation Rate
(1991)
Total
S.T.
- 855
31.1
35.8
8. Occupational Status (~991)
Cultivators
Agricultural Labourers
Total
38.1
23.4
ST
57.3
29.9
9. Political Representation
Lok Sabha
Legislative Assembly
Total
2
60
ST
1
20
10. Panchayati Raj Instjtutions
Total
5687
ST
448
Kuntei
Laifang
Lentei
Mizel
Namte
Paitu, Paite
Rangchan
Rangkhole
Thangluya
Lepcha
Lushai
Mag
Munda, Kaur
Noatia, Murashing
Orang
Riang
Santal
Tripura, Tripuri, Tippera
Uchai
(ix)
(x)
(xi)
(xii)
(xiii)
(xiv)
(xv)
(xvi)
(xvii)
10.
11.
12.
13.
14.
15.
16.
17.
18.
19.
7.
8.
9.
11. Nineteen tribes have been notified as Scheduled Tribes for Tripura State vide
the Constitution (Scheduled Tribes) order, 1950. Synonyms were added in respect of
two tribes, namely, Halam and Noatia vide the Scheduled Castes and Scheduled
Tribes orders (Amendment) Act, 2002.
1. Bhil
2. Bhutia
3. Chaimal
4. Chakma
5. Garoo
6. Halam, Bengshel, Dub, Kaipeng, Kalai,
Karbong, Lengui, Mussum, Rupini,
Sukuchep, Thangchep.
Jamatia
Khasia
Kuki, including the following sub-tribes:
(i) Balte
. (ii) Belalhut
(iii) Chhalya
(iv) Fun
(v) Hajango
(vi) Jangtei
(vii) Khareng
(viii) Khephong
Riang Tribe (S.N. 16 above) has been recognized as Primitive Tribal Group in
the State.
Decline in ST population
1.3 During 1901, percentage of tribal population to total state population was
53.39% and in 2001 it has come down to 30.45%. The tribals in Tripura who once
upon a time were in majority have now declined to less than one third in proportion.
This has led to demographic crises adversely affecting power equations of tribals in
the State. The growth of tribal population during this period was only about 11 times
but it was 27 times in respect of non-tribals. This increase over a period of 100 years
is obviously due to influx of people from Bangladesh. A table showing census wise
population is given at Appendix - I
856
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II II I iI I I I II' 1;1 III I j , I II
Tribal Advisory Committee
1.4 Tribal Advisory Committee (TAC) was last constituted by a notification No.
5587-618/F 4-3Nol. IX / TW / 98 dated 23rd July, 2003. It comprises 27 members
with Chief Minister as the Chairman, b~sides it has a Sub-Committee consisting of 11
members headed by Minister for Tribal Welfare. The objective of TAC is to discuss
measures for the welfare of the STs and give recommendations for consideration of
the Government.
Administrative set-up
1.5 At the State level, Tribal Welfare Department is looked after by two Ministers,
one for Scheduled Tribes Welfare and the other for Primitive Tribal Group and
plantations. Besides Secretary to the Government, there are three Directorates, one
each for Tribal Welfare, Primitive Tribal Group and plantation and Tribal Research
Institute. In addition to this there are two Corporations, one for Rubber plantation
and the other for providing financial support to tribals known as Tripura ST
Cooperative Development Corporation. Tribal Welfare Department has also been
entrusted with the responsibility of working as nodal department for various sectoral
departments to carry out the activities of the Tribal sub-Plan. Other functionaries at
lower levels are District Collectors, Sub Divisional Magistrates and Block
Development Officers. The Directorate of Tribal Research was established in 1970
and since then the Organisation has taken up research projects related to many tribal
issues. It has been renamed as Tribal Research Institute in 1993. Publication of
monographs, booklets, documenting tribal culture and art, organisation of training,
collection of tribal artifacts, developing data base related to tribal development have
been some of the major activities of TRI. So far 88 number of books dealing with life
and culture of the tribes of Tripura including anthropological and ethnological
research projects have been published by the Tribal Research Institute. A quarterly.
research journal titled "TUII! on tribal life and culture is also being published by the
TRI. The construction of the Tribal Museum is under progress. Cultural festival and'
youth festivals are organized regularly. State Government has approved the change
of names of 95 tribal villages, rivers etc. renaming them after the original tribal
names. Kokborak (tribal dialect) coaching classes have been conducted for
Ministers and high Government Officials. 12 Kokborak Coaching Centres are opened
across the State. Six Non-Governmental organisations are also running Kokborak
coaching class~s.
!1.6 Under the provisions of Sixth Schedule, Tripura Tribal Areas Autonomous
District Council has also been functioning in the State.
2. Protective Measures
2.1 Land alienation
The Commission was informed that mass alienation of tribal land into the
hands of non-tribals took place during 1949 to 1974. Although the Tripura Land
Revenue and Land Reforms Act, imposing restrictions on transfer of land from tribals
857
'I
to non-tribals was enacted in 1960, but its Section 18 (3) spelt out 1.1.1969 and
thereafter as the date for effective control. This means that the transfer of land prior
to 1.1.1969 did not come under the purview of the legislation. In other words,
restoration of land could not be made to the tribals for their lands which were
transferred to non-tribals during 1949 to 1.1.1969 (a period of 20 years). The Tripura
Land Revenue and Land Reforms Act amended in 1974 also did not make any
changes with regard to the date 1.1.1969 (mentioned above). The CommissiOn was
informed that number of cases registered under the Act were about 27,000 but the
administration took into consideration only 8857 cases (33%) considering them as
"valid cases" involving 6941.71 acres of land, out of which in 8656 valid cases,
6757.03 acres of land could be physically restored. Thus, a large number of cases of
land alienation were left unattended due to malafide intentions, the Commission was
informed. The Commission therefore recommends that the Tripura land
Revenue and land Reforms Act 1960 (amend~d in 1974) should be further
modified and date of restoration of land from tribal to non-tribal made effective
retrospectively from 26.1.1950, the date on which Constitution of India was
adopted. Govt. of India should set up a Special Tribunal for this purpose
borrowing Magistrates from States other than Tripura and West Bengal
(i. e. non-Bengali speaking States).
2.2 Excise policy
Commercial vending of liquor is prohibited. in tribal area though tribals are
allowed to brew liquor upto 10 litres for their own consumption. The liquor shops in
tribal area have been closed down.
2.3 Bonded labour and Indebtedness
The minimum wages are ensured @ Rs. 45 per day. There is no bonded
labour in the State as per information furnished by the State Government in their
Tenth Five Year Tribal Sub-Plan document (P14). The Bombay Money Lending Act
1979 has been extended to Tripura to check unlicensed money lending. As per the
Tripura Agriculture Indebtedness Relief Act, 1997, the debts advanced before
31.03.1997 to Jhumia tribals, landless labourers and marginal farmers have been
discharged.
2.4 Panchayat system
The three-tier Panchayatiraj set-up came into existence in 1994 in the area
outside the District Council. The Panchayats Extension to Scheduled Areas Act
1996 has not been enforced in the State as none of the area has been specified
under the Fifth Schedule of the Constitution. However, the State Govt. may
consider extending the PESA Act to tribal areas not covered under the Sixth
Schedule.
858
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3. Tribal Unrest
3.1 The roots of tribal unrest in Tripura could be traced from the later half of 19th
century when the tribals had expressed their anger against the rulers over cruel ways
of collection of house tax, slavery, subjugation and oppression, charging of very high
rate of interest by money lenders despite failure of crops, coolie labour, additional tax
for bamboo and cane. Subsequently, the rulers of Tripura allowed the Bengalis to
settle in Tripura, leading to disturbance in the tribal way of life and their subsistence
economy. With the heavy influx of settlers from across the border, grasslands of
tribals were made available to refugees and jute prod.ucing lands were forcefully
occupied by the non-tribal moneylenders. Some other causes of unrest were -
(a) decline in the proportion of tribal population from 56% in 1921 to 31% in 1991
(b) there has been rise of agricultural labourers among tribals from four percent in
1961 to about 42% in 1991.
(c) there was visible switchover from tribal communal mode of agricultural
production, particularly in shifting cultiyation areas, to private and individual
mode.
(d) divide in bureaucratic control over State administration and the Tripura Tribal
Area Autonomous District Council.
(e) lack of sympathy towards tribals in social structure of Tripura by the society at
large.
3.2 In view of the aforesaid the Commission recommends that (a) tribals
interests in land and forest should be duly protected, (b) vocational skills may
be. developed (c) self-employment opportunities may be augmented with
adequate marketing cover (d) public distribution system should be improved
and (e) banking- system may be taken to tribal villages and (f) local tribal youth
should be appointed as volunteers/facilitators for each tribal village and paid
monthly honorarium to work as close link and guide between a tribal family
and the government department/bank/financial institution.
4. Implementation of Tribal Sub-Plan(TSP)
4.1 The total geographical area of the state is 10,491.85 Sq. Km. of which 69% is
.under TSP. Four hundred and sixty two (462) revenue villages out of 864 villages fall
within the TSP area. The area is covered by various categories of forests and dotted
with hill ranges. Major rivers of the State originate from these hill ranges. The
communication network is poor making many of the inhabitations inaccessible. The
physical and social characteristics of the area contribute significantly to persistent
poverty and economic backwardness of the tribals. The benchmark survey
conducted in 1987 revealed that the tribal Jhumia families account for approximately
40% of total tribal families in the State. Apart from practice of shifting cultivation, the
main problem related to lack of cultivable land and poor irrigation facilities. As a
result, the agricultural productivity in tribal area is much less than the State average
productivity. The working force distribution shows that the agriculturallaboruers and
small and marginal farmers account for majority of the work force (89%). In view of
the economic backwardness of the area, dependence on the governmental
intervention for employment generation programme is high in TSP area. Declining
859
'I
percentage of ST cultivators during' 1971-1991 period.(from 75.37% to 58.27% and
increasing proportion in other category of occupations (from 4.49% to 11.41%) bears
testimony for this (Appendix II). A special strategy known as Tribal sub-Plan (TSP)
was adopted during the Fifth Five Year Plan for accelerated development of the
Scheduled Tribes. It is a mechanism under which each development department of
the State Government is required to quantify and set apart an amount of their plan
budget provision for implementation of schemes exclusively for the welfare of STs.
The fund so quantified should not be less than the percentage of S.T. population in
the State. In Tripura, each development department is required to quantify at least
31% of its plan fund towards Tribal sub-Plan [Appendix III]. The TSP includes
schemes for providing common benefit to the community as well as individual benefit
to ST families for the purpose of up-grading the quality of life. Construction of roads,
market-sheds, extension of electric line, sinking of tube well, establishment of
school/community hall, minor irrigation schemes etc. are examples of schemes for
common benefit while settlement of Jhumia, through horticulture and agriculture
base, rubber, tea and coffee plantation, assistance for purchase of land, assistance
for income-generating family-oriented schemes, distribution of power tillers, auto-
rikshaws, poultry, SGSY etc. are examples of family- oriented schemes. The main
role of the Tribal Welfare Department is to formulate, coordinate, monitor and
supervise the schemes implemented by the various developments departments of
the State in the Tribal sub-Plan area. It acts as a Nodal department for all tribal
development activities. Initially, three ITDPs were constituted in Tripura but with the
formation of Tripura Tribal Areas Autonomous Council in 1982, ITOPs have ceased
to function. [Ref: Fourth report of the National Commission for SC & ST, Vol. II]
Now the Tribal Welfare Department also looks after the Primitive Tribal Group
(Riang) who form 14.38% of the tribal population and the dispersed tribals who
account for 8.05% of the tribal population in the State.
Flow of funds for TSP
4.2 Flow of funds for TSP since the Seventh Plan has been furnished at
Appendix -III. It is noted from the flow of funds to TSP during 2002-03 and 2003-04
that
(i) TSP component of the State Plan during 2002-03 was 28% and of the
divisible component it was 48%. [Appendix III (a)]
(ii) TSP component of the State Plan during 2003-04 worked out to 21.23%
and of the divisible component it was 48.5%. [Appendix III (b)]
A Special Central Assistance of RS.1041.03 lakhs was provided by the G.O.1.to the
State Govt. as an additive to Tribal sub-Plan during 2003-04. The grant under Art.
275 (1) was RS.665.50Jakhs.
4.3 The Commission recommends that flow of funds from State Plan to TSP
should be one third plus of the State Plan outlay taking into consideration vast
geographical area under the TSP and relative backwardness of the tribals.
860
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;;.
Special packagefor tribal development,
4.4 State Govt, has brought out a special package during 2003-04 for tribal
development throughout the State to be implemented till 2006-07 for different
sectors, such as the following:
S. No. Particulars
1, Education
2, I Health
3, I Infrastructure
4, I Economic
upliftment
5 I Art and culture
Salient features
Pucca school buildings, furniture, science courses,
checking of dropouts, safe drinking water, residential
schools, ITI coaching, posting of staff, literacy campaign,
Construction of buildings, Dai training immunization of
100% children,
Supply of drinking water, minor irrigation, electric supply,
cattle care, handloom, road connectivity, market stalls,
cold storage.
Houses, re-grouping of villages, plantations of rubber, tea
and coffee, training to jhumias, horticulture, kisan credit
cards, cane and bamboo cultivation, self help group,
pisciculture, piggery and goatery, skill development,
coaching for pre-recruitment in services,
Decoration of tribal art forms and setting up of Directorate
of triballanauaaes,
4.5 The Commission has observed that problems relating to land alienation,
filling up of backlog vacancies in services, strengthening of TTAADC and
participation of NGOs have not been accorded due place in the special
packagefor tribal development.
Implementation of Point 11-8 of Twenty Point Programme - Justice to
ScheduledTribes
4.6 The Twenty Point Programme is the cutting edge of the plan for the poor. The
programme aims at eradicating poverty, raising productivity, reducing income
inequalities and removing social and economic disparities and improving the quality
of life, Point 11 B, in particular, pertains to provide justice to Scheduled Tribes, The
strategy to achieve the overall objective comprises effective enforcement of
constitutional and legal provisions for the protection and advancement of tribals, raise
their levels of income and standards of living, provide Special Central Assistance for
family-oriented income generating programmes and achieve socio-economic
progress through implementation of Tribal-sub-Plan and other centrally-assisted
programme. Number of ST beneficiaries under anti-poverty programmes by various
departments in the State was 11,974,13,905 and 10,616 in 2000-01, 2001-02 and
2002-03 respectively, The target for 2003-04 was 12,200 tribal families.
4.7 The Commission expresses their anxiety over poor coverage of ST
beneficiaries in 2002-03 as compared to earlier two years. The State
Government should therefore, effectively implement the Tribal-sub-Plan in
close co-ordination with other line departments.
2564 SA&ST/04-55A
- 861
Jhumia Settlement - Foodgathering to Rubber plantation
5.1 The tribal economy in the State revolves around rain-fed Jhum cultivation.
The productivity of land and production of all crops raised by the tribal farmers are
much below the levels attained by the non-tribal farmers. Tripura's infrastructural
index is the lowest in the N.E. region barring Arunachal Pradesh. Tripura was among
the six poorest states of India in 1991.
[Ref: National Commission for SC & ST - Fourth report- 1996-97 & 1997-98- Vol. II
23 Tripura Page 2]
5.2 Jhum cultivation is regarded as the transition from food gathering to food
production. The'system was alright when there was low population. In the olden
days there was least disturbance to soil and mixed cropping added potassium to the
soil. But today it has resulted in degradation of natural forest resources, leading to
many ills, such as, soil erosion and loss of moisture in the soil and depletion of green
coverage of fragile hill areas. There have been a drop in rainfall at an alarming rate
over the years. It has also caused loss of valuable wild life, loss of grasses and
edible vegetation useful for animal nutrition. The Integrated Jhumia Development
Progrnrnme. Mini Jhum Control Project, Wasteland development schemes and
watershed development projects were launched in the country to wean away the
families shifting cultivation and settle them with land based sustainable
occupation. Various schemes taken up for the settlements of Jhumias were soil
conservation and land development, water harvesting, animal husbandry, cottage
il1dustry and handloom, tailoring, carpentry and extension services in agriculture
sector.
5.3 The tribals of Tripura are by tradition shifting cultivators. They have been
st:rviving in a subsistence economy, cultivating food items just enough for their hand
to mouth existence. Shifting cultivation involves barest of implements and crops are
grown together. Over the years, many households have switched over to settled
cultivation on the plain lands between two hillocks, known as 'Lunga'. In the plain
cultivation a single variety of crop is cultivated on a particular plot of land and the
production is higher than that of Jhum cultivation. The farmers get both, crops for
consumption as well as cash crops. Earlier, the tribals did not know the utility of
animals in the field of agriculture but with settled cultivation, cattle have been put to
ploughing. Alongwith agriculture, the tribals have now adopted horticulture on hill
slopes near their settlements. Domestication of cattle, goat, duck has also
commenced. In the past, a Jhum family could hardly manage sustenance for three
to four months a year and the remaining period of the year had to be spent in great
uncertainty. They had to live on wild roots, leaves and bamboo shoots collected from
forests. In order to wean them from Jhuming to settled cultivation a number of
measures were taken, but with a few exceptions most of these attempts have proved
futile. These measures included (a) creation of tribal reserve area in Khowai for
settled cultivation in 1931-32 (b) adoption of settled cultivation on 'Lunga' lands
(between two hillocks) near their settlements (c) imitation of methods and implements
used by non-tribals for cultivation (d) horticultural products sometimes led to distress
sale for want of skill and investment.
I III 'I'
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2564 SA&ST/G4-55B
'I" "'II' I ! 11111 !II'
5.4 A number of government supported programmes were taken up for the
rehabilitationof the Jhumias into other vocations, most of which have had only mixed
results. Sometimes either the activity did not find acceptance with the tribal way of
life or did not result in a reasonable and regular income. However, rehabilitation
through rubber plantation has shown a great degree of promise for the economic
development of tribals. In Tripura, rubber was introduced by the Forest department
in 1963 followed by setting up a Forest Development and Plantation Corporation.
Realizingthe potential of rubber for developingtribal economy, the State Govt. set up
Tripura Rehabilitation Plantation Corporation in 1983 with its primary mandate for
social and economic rehabilitation of tribal Jhumias. The Corporation had helped
3200 families upto 2001-02.
5.5 Rubber plantation has so far been raised in about 30,000 hectares and the
State has potential to go upto one lakh hectares. It is expected that in the years to
come rubber would play an even greater role in the economic prosperity of the tribals
of Tripura.
5.6 Even after rubber production ends, the trees have a considerable value for
their timber and source of nectar for bee-keeping and producing honey. Rubber
seeds are good source of oil. It has good scope for a variety of rubber-based
industries. It is estimated that a grower can fetch aboutRs. 36,000 per annum out of
one heel. of rubber plantation.
Tripura Rehabilitation Plantation Corporation Limited (TRPC)
5.7 With a view to helping 3900 Jhumia families, the TRPC has raised rubber
plantation in 4200 hec. during 1983-2003, with the assistance of World Bank on land
not fit for agricultural crop, including degraded forests. It is estimated that 1200
families would earn an income of RS.2.50 crores (per family Rs.20,OOO
approximately) during 2003-04. In addition, 200 families have been given assistance
for bee keeping and 800 families trained in bamboo mat making.
5.8 The Commission visited TRPC at Hermawhere 74 STs have been assisted by
the TRPC to raise rubber plantation in 121.71 hact. TRPC had obtained a loan of
Rs.1.73 crore on behalf of 720 growers and the total repayment would be RS.3.96
crore upto 2012, Le. Rs.55,000 per grower per year. TRPC has been recovering
Rs.40,OOOper grower per year. This amount is deducted at the rate of 25 per cent
from the cost of latex payable to the grower, and would be brought down to 15 per
cent from 2004-05 due to better yield and price. One sample case of economic
return is illustrated as under:
Name of beneficiary - Shri Tomas Marak, Lambabil Mainama Centre
(In Rs.)
Year
of Income Bank loan Loan amountBalance
Recovery
recovered
1996-97
16248 4062
40,000 35,938
1997-98
33600 8400
35,938
27538
1998-99
46008
11,502 27,538 16,036
1999-2000
43044
10,761 16,036
5275
2000-2001
42061 5275 5275 Nil
863
";lhber Plantation at Rangmala Village in Bishalgarh Block of West
based rehabilitation project for ST Jhumias was started by the State
c:()llaboration with Rubber Board of Govt. of India. A compact land (block) is
the tribals have tiIIa/ownership and plantation is taken up by
as wage earners. On attaining tapability the beneficiaries were
in processing and marketing by the Rubber Producers Society. The
::;tarted in 1992-93 to raise rubber plantation in 1500 hec. in a span of
a financial outlay of Rs. 8.59 croresfor the settlement of 1500 ST
of rubber plantation during the gestation of period of 7 years has
to cost RS.57,223 (Rs.32,223 to be shared by Rubber Board and
the Govt. of Tripura). During 1992-1995, 143 hec were brought under
ST families, of which 52.80 hec were damaged due to fire and cattle
, restocking was done in 2000-01. Details of rubber production are
Average income per beneficiary (in Rs.)
, 20(3)
11,583
21,511
35,763
s'l's so
was ini[orrned that Rs.49.58 lakhs have been earned by the
have made use of this amount on the following.
(Rs. In lakhs)
22
5
2.75
1
1.25
1
1
arnily Expenditure
i:nstruction/renovation of houses
of land/Mortgaged land recovered
of T.V. set
of cattle
of bicycles
total
Other expenditure
34.00
15.58
Total 49.58
Commission was informed by the ST planters that they got Rs.45 per day
as wage and they were well looked after. Now one boy attends class XI in nearby
school and a girl class IX. 1\11 the young children go to the Anganbadi. The village
a school upto middle level and a P.H.C. at a distance of 5 km at Bishalgarh. The
viilarje is electrified but "7 out of 72 families do not have connection. All men of the
l.J It become literate. Some of them have learnt the skills of trade in purchase
r-:attlein the market. S/Shri Padul Deb Barma and Hari Kant Dev Sarma
drinking water has iron content which is not safe and may be
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IIII
Tripura Forest Development Plantation Corporation (TFDPC)
5.12 In pursuit of development of tribals, the TFDPC has created 1552 hec. of
rubber plantation for 851 ST families which will be handed over to beneficiaries on
attaining seven years. It is targeted that 100 hec. plantation will be passed on for
tribal development by 2004-05. A tribal family is likely to earn Rs.20,OOOannually out
of latex produced in re-settlement centres.
Regrouping of Tribals living in the forest areas
5.13 Despite development programmes and efforts over the years substantial
change in the overall position of Jhumia families could not be achieved. One of the
major factors responsible is the remoteness and inaccessibility of the Jhumia
habitats. Development strategies therefore were changed by the state Govt. to
ensure access to the development inputs. Jhumia families are thus prepared to be
relocated and regrouped near security camps. For sustenance of the families, the
following development acttvities are proposed to be taken up amongst others:
Rubber plantation on degraded Forest Land
Bamboo plantation through Joint Forest Management
Industries for value addition of rubber and bamboo products
Development of basic minimumeducational infrastructure & services.
Development of all weather roads and communication facilities
Extension of health related infrastructure
Development of rural electrification
Extension of public distribution system
Development of animal resources
Extension of market facilities.
Forest Department shall be the Nodal Deptt. in regard to the regrouping of tribal
villages. The economic and rehabilitation activities shall be taken up by the
concerned line departments of the State Govt. Prior approval of G.O.I. under
Section 2 of Forest (Conservation) Act, 1980 shall be obtained wherever Forest land
is needed for the purpose. State level Coordination and Monitori!1g Committee with
Chief Secretary as Chairman for periodical review of the progress of regrouping and
District level Committee with OM & Collector as Chairman for identification of location
for establishment of cluster villages and periodical review, have been constituted.
Proposals in respect of 99 sites for relocation of 27,398 families have been sent to
the Govt. of India. The Commission recommends that regrouping of tribals in
the roadside villages may be done with great care and caution and their rights
on homestead and agricultural land may be duly recorded in writing and
documents handed over to the bonafide ST families.
6 Primitive Tribal Group-TheRiangs
6.1 Riang is the only tribe in Tripura which has been recognizE as primitive tribal
group. Their population is about 1.12 lakhs according to 1991 c,.nsus forming one-
fifth of total tribal population of State. They speak 'Kau Barau' Galect later spelt as
'Kokborak'. In their economic life, they are the dwellers of forest depending upon
Jhum cultivation, collection of forest produce besides catching of fish and hunting pig,
bear, mouse, deer and birds like dove, parrot and wild cock. The food that they take
is constantly supplemented by the green leaves and vegetables grown in forest.
They sell forest products to meet the family expenditure. According to a survey
- 865
report of State Tribal Research Institute brought out in 1999, an average family's total
annual income was reported as Rs. 10,272, and debt as Rs. 1648 per family per
year. The Riangs treat the moneylenders as their godfathers.
6.2 The lifestyle of the Riangs is guided by the super-natural powers. Magic and
witchcraft superstition and taboos, dreams and divinations play important roles in
their society. They believe that Sun and the Moon are husband and wife while Stars
are their Children. As hunting and fishing is taboo for women, so is weaving for
Riang men. They believe that the mother earth and ocean are jointly known as
'Lampra' or 'Khmabohi', hence it is unthinkable for them that the land could be -
property of any individual. Junction of two roads or a path is treated most suitable
place for worshipping the deities. They believe that the forests, the rivers, the trees,
the ocean, the stones and even the corner of the house are the abode of spirits but
not the horticultural gardens. The Riangs have their own form of internal government
based on three-tier organization at the village, clan and community level. Their titles
are Rai, Chapiakhan, Chapia and Darkalim. They also have other functionaries,
namely, store keeper, attendants, drummers, player of local musical instruments,
umbrella bearer and others. Among Riangs, they have a Member of Parliament from
Tripura as their leader to represent their interests.
6.3 Various developmental programmes implemented for the Riangs over the
years were rehabilitation through plantation and other land based activities,
development of infrastructure like construction of community halls, approach roads,
water harvesting structures, tubewells and health care facilities. During the Tenth
five year Plan, State Govt. has proposed to popularize teak nurseries and plantation
of teak, bamboo, cashew, papaya and areca nut. Construction of link roads, earthen
bund water tank, meeting halls, and rainwater harvesting structures would be given
impetus. Assistance for treatment of patients has been continuing. Since 2001-02,
distribution of school dresses has been taken up. Creation of medicinal plantation,
domestic electric connection, animal husbandry inputs, assistance for housing, self-
employment have been accorded importance. During 1998-99 to 2001-02 Rs.
673.67 lakhs were utilized on the development of Riangs. Ministry of Tribal Affairs
had provided Rs. 26.40 lakhs in 2000-01 and Rs. 86.31 lakhs in 2001-02 for the
development of the Riangs.
Sectoral Programmes
7. Agriculture and allied
7.1 Paddy is the main crop grown in Tribal-sub-Plan areas. Against the target of
242.45 lakh MT of paddy, achievements exceeded by 1.06 lakh MT, [i. e. 243.51 lakh
MT). Target fixed for wheat, pulses and maize could not be achieved. In regard to
production of commercial crops, except for cotton, targets could not be achieved for
oilseeds, sugarcane and jute. Use of fertilizer was only 5.42 lakh MT against the
target of 8.50 lakh MT.
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7.2 Horticulture
Potato, orange, red oil palm, pineapple, cashew, mushroom, coconut and
vegetables are raised by the tribals. In a research paper on Economic Potentialities
of Tribal Vegetable venders at different markets in Agartala, it was pointed out that
non-tribals have great liking for vegetables grown by the tribals in their Jhum fields.
As tribal vendors don't have any allotted place in the market at Agartala, they occupy
roadside spots and thus they are not in a position to store the vegetables for more
than 2-3 days.
(a) A market shed and cold storage may be set apart for tribals.
(b) Market Committees should have representatives of STs and exempt them
from paying any rent/tax.
(c) Bicycle and other small means of carrier transport may be made available
to them on loan/grant.
7.3 Animal Resources
Although only 9.47 lakh cattle could be covered under animal health care out
of target of 15 lakh cattle during IX Plan, targe~ for X Plan has been raised to 30
lakhs cattle. State Govt. has proposed to give priority to developing animal resource
as may be seen from the table below:
S.
Production Unit in IX Plan
X Plan Target
No.
Lakh Achievement
1.
Production of egg
"
10.18 I 116.53
2.
Production of ducklings
"
0.88 12.70
3.
Production of Piqlets No
5,300 30,000
4.
Production of Rabbitkids No 828
60,000
7.4 Fisheries
Besides promoting production of fish, schemes have been drawn for
production of prawn seed in tanks, and construction of five markets and three
laboratories/research units during 2002-07. Pisciculture with duck/pig in integrated
manner are proposed to be introduced under Boarder Area development programme.
7.5 Cooperation
On goiJ:lg programmes of providing share capital, subsidy and grants were
proposed to be continued for primary cooperative societies, LAMPS, FSS, PACS and
Apex bank. The Commission has observed that performance of State Govt. in
cooperation sector has been tardy and targets for X Plan have been kept at the level
of IX Plan. Moreover, subsidy to power tillers has been discontinued in the X Plan.
State Govt. should strengthen cooperative societies in tribal areas.
867
1
8 Forest
6292.68 sq.km.
59.98%
Status I Area sq. km.
% of geographical
area of State 1. Reserve Forest (RF)
3588.183
34.20
2. Proposed Reserve Forest
509.025 4.85
(PRF) 3. Unclassified
Govt. Forests 2195.473 20.93
(recorded as per rule 16 of the
(2070.650 sq.km. inside ADC
Tripura Land Revenue and Land
and 124.823 sq. km. outside
ReformsAct, 1960)
ADC)
Total
6292.681 59.98
8.1 The forests in Tripura are mainly tropical evergreen, semi evergreen and moist
deciduous, Sizeable area is covered with bamboos. The details of forest resources
are given below:
(a) Forest Area
(b) Percentage of forest area to
geographical area (10491 sq. km.)
~LLegal classification of forests
8.2 Forest land measuring 122837.16 acres has been under occupation of public
before 24/10/1980, details of which are as under:
(a) Classification (Area in acre)
RF 37006.45
PRF 6258.51
PF 79572.20
Total 122837.16
(b) Pattern of use of the land
Agriculture purpose
Homestead purpose
Public use
Misc. purpose
(Area in acre)
101674.79'
13272.42
2799.42
5090.53
Total 122837.16
8.3 The Government has been pursuing a liberal forest policy towards Tribals, as
they are allowed to collect minor forest produce such as firewood, bamboo, timber,
thatch etc. for their own use, free of cost and without any royalty. The Tribals are
also allowed to practise jhum cultivation in the forest area till they are settled or
rehabilitated. Special projects have been taken up for rehabilitation of Jhumias
inside the RF. Most of the shifting cultivators (Jhumias) including primitive tribal
groups reside in the forest area. The number of Jhumias as per latest survey is
4000. The State Govt. has apprised the Commission that the quantum of non-forest
land is insufficient to rehabilitate the Jhumias outside the forest land. In order to
rehabilitate Jhumia families on forest land certain relaxation in the Forest
Conservation Act 1980 is required so that tea, rubber and coffee plantations can be
taken up.
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8.4 The Commission recommends that a list of families living in the 'Forest'
may be drawn immediately and Pattas providing rights of
possession/ownership may be issued. All cases requiring clearance of the
Govt. of India in regard to Forest Conservation Act, 1980 should be re.ferred to
the Ministry of Forest and Environment immediately, and got regularised.
9 Power
Most backward tribal villages (87) in the State have been provided with
electricity connection. State Govt proposed to provide electricity to 40 villages, 90
hamlets and 210 habitations during X Plan. Non-conventional sources of energy
through Biogas, solar photo voltage and solar thermal programmes are targeted to be
raised in a big way.
Achievement in IX Plan
Target for X Plan
Biogas plant
139 590
Solar lantern
3949 12735
VillaQe electrification
-
380
Solar cooker
-
250
Improved Chulha
9507 8000
Tripura Renewable Energy Development Agency has taken up undermentioned
programmes to provide power in tribal areas:
a. Biomass gasifier power plant - The plant set up in 2002 at cost of Rs. 251
lakhs at Kshetrcherra has been providing electricity to 15 tribal villages.
b. 1367 tribal families of 16 villages of Satchand, Rupaichheri and Killa blocks of
South Tripura district have been covered through solar energy. Total cost of
the project was Rs. 185 lakhs.
c. One -rural renewable energy complex at Kalachhara costing Rs. 35 lakhs
(partially funded by N.E. Council) has been set up.
d. Twenty four villages in the State have been electrified during 2003-04 at a cost
of Rs. 375 lakhs. Another proposal to provide electricity to 518 hamlets
benefiting 12,915 families has been formulated .
. e. A Biomass gasifier power plant at Raisyabari is being set-up at an estimated
cost of Rs. 185 lakhs.
f. Ganganagar under Dhalai district has been identified for a biomass gasifier
plant based on bamboo. Feasibility study is being prepared.
g. A proposal for installation of 145 numbers of Solar Home Lighting System in
three government hospitals and 13 primary health centres under Dhalai district
has been formulated under Rashtriya Sam Vikas Yojana.
h. Tribal families have also been distributed solar lanterns (4438), house lighting
system (996) and biogas plants (276).
10 Cottage Industry
10.1 The tribals prepare household crafts out of bamboo and cane, such as, comb,
mattress, foodgrain containers, different types fishing and hunting items. Women
produce different types of wrapper and other woven articles in a variety of colour and
designs.
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10.2 Intake of tribals in craftsman training in I.T~I.s has been tardy (only 152 out of
465 in IX Plan), but the State Govt. plans to cover 500 tribals in next Plan. Scope to
promote hand loom, and sericulture is enormous and therefore target for weavers has
been doubled (from 100 to 200) in hand loom sectors and raised from 2000 families in
sericulture sector to 3500 families in the X Plan. The Commission recommends
that sericulture should be encouraged among the tribals. Entrepreneurs
should be given technical guidance after training and regular follow-up be
carried out for marketing their products.
11. Roadsand Bridges
During Tenth Five Year Plan, the State Govt. has accorded priority for the
construction of 2636 metre length of bridges and culverts as against 846 metres.
during IX Plan. PWD has completed brick soling of 328 km., metalling of 111
km. carpeting-96 km. and formation of 424 km. length of road. State Govt. has
proposed to provide roads to all habitations having atleast 250 population in rural
areas by 2007 based on Core Road Network Plan.
12. Rural Development
Targets and achievements made in IX Plan and targets for X Plan are as
under:
Unit
Ninth Plan Tenth Plan
Target
Achievement
Target
IRDP/SGSY
Families 25762 22892 42000
EAS/JGSY/SGRY
Mandays in lakhs 93.55 98.98 216.65
Drinkingwater wells
No. 5206 5332 8682
lAY
No. 19736 19992 18496
PMGSY
Km. road 72.19 57.74 315.35
13. Minor Irrigation
As against ensuring minor irrigation in 4573 hectares in IX Plan, target for X
Plan has been raised to 5500 hec.
14. STDevelopment Corporation
In order to take up beneficiary oriented economic programmes suitable to the
tribal families, the Scheduled Tribes Cooperative Development Corporation was set
up in the State in 1979. The authorized share capital of the Corporation is RS.20
crores of which paid up capital is RS.6.32 crores. The implementation of land
purchase scheme, educational loans and National Scheduled Tribes Finance and
Development Corporation programmes have been the main activities of the
Corporation. Ministry of Tribal Affairs provided Rs. 62.06 lakhs in 2001-02 and Rs.
122 lakhs in 2002-03 towards collection of minor forest produce to the corporation.
About 300 beneficiaries are expected to be covered by S.T. Corporation during 2003-
2004.
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15. Education
15.1 According to 1991 census, literacy rate of STs was 40.37 as against 60.44 for
the total population. Progress of female ST literacy was 12 times during 1961-1991
as compared to 5 times for the general population. Details are as given below: .
Literacv Rat,-
General
ST
Year Male
Female Total Male Female Total
1961
29.61 10.19 20.24 17.37 2.31 10.01
1991
70.58 49.55 60.44 52.88 27.34 40.37
2001
81.47 65.41 73.66 NA
Number of schools in the State during 2002-03 was 1769 details of which are as
under:
Schoo~ No
Primary 1362
Upper Primary 198
High School 155
H.S. (+2) stage school 54
Enrolment of ST students in different stages of education during 2002-03 was as
given below:
Primary class I to V
Upper primary class VI to VIII
High School
H. S. (+2)
Total
1,79,950
45,150
22,050
4,350
Girls
84,300
20,680
9,100
1,170
Tribal welfare department has been providing a variety of incentives and other
facilities to ST students for pursuing education. No. of beneficiaries during 2002-03
was as under:
1. Pre matric scholars
2. Stipend to hostellers
3. Post matric Scholarships
4. Merit awards
5. Grants to sponsored students outside state
6. Supply of free text books
7. Aid to NGOs
8. Grant-in-aid to Residential Society
9. No. of Hostels (13 for girls + 18 for boys)
10. Ashram Schools
No. of ST students
83,336
11,851
3,190
2,797
118
1,39,012
3
1
31
6
871
I
A few other schemes for the promotion of education among the tribals are additive to
G.O.I. post matric scholarship, stipend to trainees of ITI, inter-hostel competitions,
book grants, coaching centres, promotion of folk and culture, vigyan darshan and
multipurpose training to tribal youth.
15.2 School dropout rates from class I to X for the year 1998-99 and 2000-01 for
ST students were 88.14 and 86.72 respectively as compared to 80.17 and 76.95 for
overall students for the corresponding period.
15.3 The Commission has seriously viewed the high dropout rate among ST
students after class V and recommends that adequate incentives should be
given to the ST parents towards compensation for opportunity cost. Other
incentives like mid-day meals, school uniforms, textbooks, bicycles should
also be made available. School education should be popularized among ST
children through excursions, tours, exhibitions, sports, cultural festivals etc.
Talented and meritorious students should be given awards at all the stages of
education at frequent intervals. Special care may be taken in villages known as
'disturbed area' and adequate protection provided to children and teachers by
the State Government.
15.4 An overview of achievements under Tribal Development Package as on 30th
June, 2003 was as given below:
(i) Construction of 577 primary school buildings has been completed and 90 are
in progress as against target of 500 School buildings. Single teacher schools
were reduced from 244 to only 75. Construction of six Residential Schools has
commenced. Five schools have been developed as schools of excellence in
the field of sports like Athletics, Football, Kabbadi, Table Tennis, Judo, Weight
lifting and Swimming. One Hostel for tribal students of Degree Colleges has
been set up in each District.
(ii) One hostel for Tribal Girl Students is being set up at Agartala.
(iii) Eight Vocational Training Centres have started functioning.
(iv) Special Coaching Centre for Madhyamik Dropout students were opened in all
Districts and a total of 6358 students appeared of which 3205 students were
successful in the examination during the last 4 years. During 2002-03, 61
centres were run in various Districts.
(v) Coaching for Joint Entrance Examination: The study circles have been
functioning at Agartala and Udaipur.
(vi) Coaching for appearing in the Civil Services Examination and MBA has also
been made available for suitable students.
Visit to ST Boys Hostel (30.01.04)
15.5 The Commission visited Umakant Academy ST boys Hostel (New) at Agartala
where all the 50 seats were occupied, mostly by Tripuri, Jamatia and Riangs. Class
wise enrolment was 5,2,13,16 and 14 in classes VII, VIII, IX, X and XI respectively.
During 2003, result of hostlers was satisfactory as 98% of them passed out their
respective annual examinations. During 2001-03, two hostlers were selected for
medical course, 1 for Engineering and 2 for polytechnic. The Commission was
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Informedthat ST boys were talented football players as 3 from the hostel represented
National Level Football Tournament and one was a prominent State level
goalkeeper. Boarding charges approved by the State Govt. for a hostler are
RS.15per day (or say Rs.450 p.m.). The Commission recommend that hostellers
should be motivated and guided to keep hostel premises and toilets clean.
Visit to Girls Hostel (30-01-2004)
15.6 The Commission paid a visit to Dr. Ambedkar Girls Hostel started in 2003 for
63 ST and 63 SC students. Out of 61 ST hostellers, 38 belongedto Tripuri, 3 each to
Reang (PTG) and Jamatia tribes followed by others. During 2002-03, 55% hostlers
were successful in their annual examinations. In regard to co-curricular activities 10
girls each were interested in dance and sports and 8 in music and song.
15.7 The Commission recommends that LPG may be provided for cooking
food and supply of drinking water ensured round the clock. A reading room
with small library of general books should be sanctioned. A T.V. set and Radio
are common necessities today and hostels should have these facilities.
15.8 In an article on Improvement of Education in Tribal areas: Problems and
Remedies, it has been brought out that school children belonging to STs should be
exposed to have interaction with the eminent persons of the locality, such as,
doctors, officers and other government officials as well as political leaders at regular
intervals. While making another suggestion, it was highlighted that in order to ensure
regular attendance of teachers in the schools, recruitment should be done on the
basis of schoolwise vacancies rather than issuing a general advertisement.
[Tribal Research Institute, Agartala BulletinVol X No. 38, Oct-Dec.2002 page 12]
15.9 The Commission recommend that talented, meritorious and outstanding
ST students in different fields of education, sports and culture should be taken
to States other than Tripura for exposure and building self confidence.
16 Health
16.1 According to a survey carried out by the Indian Council of Medical Research,
Regional Office Guwahati, water contamination both at source and household is
about 98% in tribal villages. The tribals suffer from worm infestation, Hepatitis B&C
to the extent of about 15%. Most of them suffer from dysentry, skin diseases,
stomach disorders, fever and even goiter, leprosy and T. B. During rainy season the
condition of government dispensaries is deplorable, and therefore they are forced to
take treatment from local quacks. They take indigenous herbs as medicines and
pursue animistic activities.
16.2 Tribal Research Institute, Tripura in one of their study reports (1999) observed
that due to shortage of doctors, supporting staff and insufficient stock of medicine,
people in general don't depend on primary health centres.
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16.3 Sub-Divisional hospitals at Kanchanpur, Gandacherra and Chailengta have
been made into 50 bedded hospitals, besides providing various equipments. Eight
Primary Health Centres were constructed and made functional for tribal areas while
construction works in three more places is in progress. Two projects Kanchanpur
and Dhalai have taken up training for 60 community health workers and 60 Dhais
under each project with ICMR assistance. Two societies have been formed with
Corpus fund, interest amount of which is being used for transportation of seriously ill
patients and supply of urgent medicine. There are two each Ayurveda and
Homeopathic centres in the tribal areas of the State. In a paper on Primitive Tribal
Group (Riang) brought out by the Tripura Tribal Research Institute, it is mentioned
that deworming of tribals under the health care is essential and should receive priority
attention (Vol X, 36, June 2002 Page 91).
16.4 The Commission recommends that tribals should be trained as Health
Volunteers and monthly honorarium paid to them. NGOs should be promoted
to take up healthcare among the tribals of Tripura, where health infrastructure
is either non-existent or weak.
17. Housing
According to 2001 Census, out of 202430 ST households, 112267 households
(55%) lived in livable houses, 77,750 (38%) in good quality houses and 12,413
households (7%) were in occupation of dilapidated houses. As regards material of
roof of their houses, 1,33535 households (65%) had used grass, thatch etc. 63,233
(33%) G.!. sheets, 1873 cement, 560 tiles, 283 bricks, 121 stone and 2825 other
material. As many as 1,65,506 households (82%) possessed only one room houses,
26,341 (13%) ,had two room accommodation, 5741 two to six rooms and 4842
households did not have any exclusive room. Eighty one percent households used
kerosene as source of lighting, 18% electricity'and remaining 1% other sources such
as oil etc. Over 95% STs used firewood, crop residue, cowdung etc. as type of fuel
and other 5% had the facility of LPG, kerosene etc. Out of 202430 ST households,
22% had radio/transistor, 11% television, 18% bicycles, 3% scooter/car and only 2%
made use of telephones. Hardly 15% households among the STs availed of banking
services.
18. Drinking Water
Out of 2,02,430 ST households, 1,21,163 (60%) drew water from drinking
water wells, 23% had access to tap, handpump and tubewells and 17% depended
upon tank, pond, river and spring etc., nearly 43% had to travel more than 500
metres to reach the water source. The Commission recommends that all out
efforts may be made to provide safe drinking water without any contamination
to tribal villages.
19. Reservation in Services
A comprehensive law has been enacted by the State Government namely
Tripura Scheduled Castes and Scheduled Tribes (Reservation of vacancies in
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service and Posts) Act 1991 to prevent violation of the principle of reservation in
service. At present the reservations for Tfibals account for 31% which is equal to the
percentage of Tribals in the total population of the State. The same principle of
reservation is also strictly enforced in admission of S.T. students to educational
institutions and in selection of students for higher studies. As on April 2002 their
representation in services was only 23.13% as compared to their proportion of 31%
to total population. In corporate bodies they account for only 20.07%. 915 vacant
posts meant for Scheduled Tribes in different departments have been filled up with
ST candidates. 300 educated unemployed tribal youths were given training under
Entrepreneurial Development Programme (EDP). Swavalamban Programme was
launched under which 51 tribal youths have been trained for skill development.
20. Visit to Central Jail, Agartala
20.1 The Commission visited Central Jail, Agartala on 30-01-04, category wise
prisoners were as under: -
5. No.
Category
Total 5T %
1.
Convicts 268 70 26
2.
Under trial 205 102 50
20.2 The Commission was informed that tribal youth have of late started joining
hands with the extremist elements. This is basically due to their poor economic
conditions, lack of employment opportunities and no work at home. It is inferred from
the above table that the number of ST convicts in the jail is barely ~me-fourth as
against half of them among the under trials. The under trials are at times arrested
probably on suspicion of having association with extremist elements and kept in jails
for months together. This situation is alarming and requires adequate care, caution,
and correctional services. As the tribals are ignorant of law, humanitarian approach
is required in dealing with them.
20.3 The prisoners who were engaged in different vocational training programmes
were 152 - cane and bamboo (32), agriculture (25), floriculture (15) weaving (20)
tailoring (18), book binding (11), printing press (11), poultry and duckery (8), pisci-
culture, (7) piggery (2) and mushroom (3).
20.4 The Commission held discussions with the prisoners and based on that,
make following recommendations:
(a) LPG gas in place of firewood may be arranged in the Central jail for
cooking.
(b) Rehabilitation package should be developed six months prior to the
release of prisoners and an inter departmental committee may be set up
for this purpose.
(c) Human approach may be adopted for those 5T prisoners who have none
to bail them out.
(d) Case of Narendra Rupui of Dalai district may be looked into as he was
re-arrested after 3 months.
'I
21. Grant in aid to NGOs-Ministry of Tribal Affairs gave grant-in-aid to two
NGOs in the State, as under:
s.
No.
1
2.
NGO
R. K. Mission
Viveknagar, Tripura
Ramakrishna Mission,
PO: Viveknagar, Tripura
Project
Computer Training Rs. 11,56,200 in 2001-02
Hostel,
Hostel & Computer Rs. 8,38,794 in 2001-02
Training Centre Rs. 15.72 lakhs in 2002-03
22. The Tripura Tribal Areas Autonomous District Council
(TTAADC)
22.1 The TTAADC was brought under the purview of Sixth Schedule
w. e. f. 1.4.1985. Earlier, "itwas set up under VII Schedule of the Constitution of IndiCl
in 1982 in accordance with the Tripura Tribal Areas Autonomous District Council Act,
1979. The main object of forming the District Council was to remove the disparities
between advanced and backward sections of the people and to protect them from all
forms of exploitation and injustice. The main purpose of the TTAADC is the self-
governance and rapid development of the tribal compact areas in the State. The
Council implements various schemes for the overall development of the people living
within ADC area. The Council has powers to appoint its own staff to look after
executive works. The Council is headed by a Chief Executive Member. An officer of
the rank of Commissioner/Secretary to the Govt. is posted on deputation to the
council as Chief Executive Officer.
22.2 The District Council having an area of 7,132.56 sq. km. (68%) out of State
geographical area of 10,478.78 sq. km. is spread over five hill ranges, namely,
Jampui, Sakantang, Longtarai, Altharo Mura and Baro Mura. The TTAADC has an
establishment of four Zones, 27 sub-Zones, about 1300 junior basic schools under
16 Inspectorates, 432 Balwadi Centres under 3 Inspectorates of Social Welfare, 3
PWD divisions, 12 PWD sub-divisions, 12 forest ranges and about 8000 officers and
staff. Other general information may be seen at Appendix IV.
Functions
22.3 The TTAADC is vested with 2 (two) types of functions- (a) Legislative
Powers and (b) Executive Powers.
(a) Legislative: The Legislative Powers are exercised by the Council Members
elected by adult franchise, numbering 30 (thirty), including 2 (two) Nominated
Members by the Governor of Tripura. The Chairman presides over the meeting of
the Council once in 6 (six) months which is mandatory to be convened by the District
Council having one secretariat under the Chairman.
(b) Executive: The Executive Powers are vested with the Executive Committee
presided over by the Chief Executive Member who is elected from among the
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Treasury Bench (Ruling Party Members). As part of the Executive Powers, the
District Council has appointed its own staff while the council administration is under
the Chief Executive Officer. The District council has administrative department as
well as development departments similar to the State Govt., such as, Rural
Development, Agriculture, Horticulture, Fisheries, Industry, P.W.D. Education, HeaJth,
Forest etc.
22.4 General functions of TTAADC
(a) Administrative: Allotment, occupation, use or using a part of land other than
reserved forests; Management of forests not being reserve forests; Use of canal
water & water course for agriculture; Jhum; Village Committee or council and any
other matter relating to administration including public health and sanitation.
(b) The Council may establish or manage primary schools, dispensaries, markets,
cattle pounds, fisheries, ferries, roads and road transport and waterways.
(c) The Government may entrust functions to the Council, such as, agriculture,
animal resource development, community projects, co-operative societies, social
welfare, village planning, fisheries, plantations and any other matter to which the
executive power of the state extends.
(d) Legal: The Council has powers to frame laws in the following matters with the
approval of Governor. Inheritance of property of scheduled tribes; Marriage and
divorce where any party belongs to a schedule tribe; Social customs of scheduled
tribes; allotment, occupation, use or setting apart of all lands other than reserve
forests; management of forest other than reserve forest; Use of canal or water
courses for purposes of agriculture; Jhum; Village Committees or Council and any
other matter relating to administration including public health and sanitation.
(e) The Council may, with previous approval of the Government, make regulation for
administration and control of primary schools, dispensaries, markets, cattle pounds,
ferries, fisheries and roads, road transport and water ways.
(f) Financial: The Council shall get a share of Forest royalties and royalties accruing
each year from Licenses or lease for the purpose of projecting for, or the extraction of
minerals granted by the State Government.
(g) The Council may regulate and control money lending and trade.
(h) Taxes: For maintenance of schools, dispensaries or roads; on entry of goods into
markets and tolls on passengers and goods carried in ferries; on animals, vehicles
and boats and on professional trades, callings and employments. [During 2002-03
the Council received Rs. 917.52 lakhs as share of taxes].
2564 SA&ST/04-56A
877
22.5 Budget
The TTAADC receives funds from four sources, i. e. Plan budget (Share of
taxes and Award of 11th Finance Commission), transferred funds from development
departments, Market Licence fee and Miscellaneous receipts. Budget provisions of
2002-03 and estimates for 2003-04 were as under:
Year Budget (Rs. in crores)
2002-03 84.76
2003-04 198.67 (Estimated)
22.6 Works taken 1.11)
TTAADC undertook several development works for the tribals. prominent of which
are following:
1. Irrigation Six diversion schemes covering 275 hec. have
been completed. 11 schemes are underway (likely
to cover 450 hec.)
2. Education
3. Culverts and bridges
4. Drinkingwater
5. Marketing Sheds and
Stalls
6. Construction of Tribal
museums and cultural
heritage at Khumulwng
(ADCHQ.)
7. Residential School building
Construction of 27 pucca school buildings.
Steel foot bridge on link road from Gulirai Para to
Gulirai Bazar in Bishalgarh Block of West Tripura
district.
Village roads upto brick soling etc. in other villages
(a) Construction of wells/tube wells
(b) Iron removal plants (2)
At Telarban and Jampuijala in Jampuijala Block
At Khumulwng
22.7 Chief Executive Member, TTAADC during discussions with the Commission
on 30.01.04 mentioned that annual budget of the Council was stagnant at Rs. 80
crores for the last three years and about Rs. 73 crores were spent on salary of staff
alone, leaving very little for development works. The Commission are of the view /
that all developmental programmes, such as, secondary level education,./
health, social welfare, public distribution system, agriculture, horticulture,/
sericulture etc. should be under the charge of the Council. Higher education;
super specialty hospitals and health care and other such specialized
programmes should remain with the State Govt. It should also be ensured tha~
expenditure on establishment is reduced and allocations on schemes are
significantly raised. A research study into this issue should be sponsored.
878
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22.8 The TTAADC urged that the Government of India should provide funds direct
to the Council (and not through the State Govt.). Govt. of India should also change
the words "District Council" from the "Tripura Tribal Areas Autonomous District
Council", as TTAADC looks after the tribal areas of entire state and not on~ district.
Sate Govt. should be impressed to raise the share of taxes on forest royalty and
minerals infavour of the TTAADC. They also suggested that a legislation to
streamline the administration of Autonomous Councils in the N.E. region of the
country is necessary for speeding up the pace of development.
22.9 Chief Executive Officer, TTAADC in a menlorandum dated 30.1.04 to the
Commission urged the following:
(1) Conferment of more powers and transfer of nine more departments to the
TTAADC;
(2) Providing of adequate funds to the TTAADC for developmentworks directly by
the Central Government;
(3) The Central Government may allocate and indicate separately the funds to be
placed to TTAADC in the Budget of State Government;
(4) Adequate funds may also be provided for implementation of the following
schemes:
(a) Special schemes for assistance to Jhumias for sowing and weeding
including free distribution of seeds,
(b) Construction of more Tribal Rest Houses, and,
(c) Strengthening of Nucleus Budget by providing adequate funds.
23. Areas requiring further intervention
Major ,issues/problems of tribals as expressed before the Commission by the
officials, non-officials, political leaders, NGOs and Social workers were as under:
(1) Density of population being quite high and a large area falling under forests,
problem of landlessness is acute. Road communication and power
generation being poor, growth of employment opportunities is limited.
(2) Marketing structure in the tribal areas is undeveloped and therefore, fair return
of the produce is restricted.
(3) There is a need for safe drinking water supply so as to arrest water borne
diseases.
(4) Fake ST certificate holders are on the increase.
(5) Many STs who have borrowed loans from Banks are not able to effectively
make use of the amount because of lack of training, know-how of the trade
and entrepreneurial skills.
(6) Other continuing problems are land alienation, indebtedness, illiteracy and
sub-standard education, diminishing cycle of shifting cultivation, non filling of
about 8,000 posts reserved forST over the years and growing unemployment
among the tribals. The problem of insurgency and unrest, though has come
down, still is a impediment to the growth of the State. The Commission
therefore, recommends that an assessment of backlog vacancies
reserved for STs may be made and special recruitment held to appoint
the ST candidates.
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24. Self-employment
24.1 Tribals depend upon forest department to work as casual labourers on
plantation works. Some of them worked with PWD and their contractors as gang men
and casual labourers and also with non-tribal land cultivators on contract basis. They
are proficient in household craft and supplement their household needs by producing
different types of baskets made of bamboo and other fishing and hunting items. The
women work on looms and sell woven articles to earn cash money.
24.2 The Commission recommends that tribal students of Tripura who drop
out after class VIII or class X or class XII should be persuaded and motivated to
undergo training in various semi skilled and skilled jobs related to forestry
operations, rubber processing, bamboo and cane products, sericulture and
silk, electrician, mason, plumbing, processing of minor forc;lst produce,
handlooms and handicrafts, etc. Training in trades such as fitter, turner, black-
smithy and courses like accountancy, typing, data entry operator, book
keeping, secretarial practices could be popularized. Number of Industrial
Training Institutes may be increased and training in trades in demand
imparted. Administrative arrangements to tie-up the trained candidates with
placement agencies, Tribal Financial Development Corporation and Banks
should be strengthened and given priority. Regular monitoring and .follow-up
should receive attention of the Tribal Advisory Committee.
25. Recommendations
For overall development of tribals of Tripura, the Commission makes
following recommendations:
(1) The Commission was highly concerned with the problem of infiltration
of people from across the border to the State, as it caused
demographic imbalance against the interests of tribals. All out efforts
are therefore necessary to tighten the State apparatus to deal with the
situation. The Commission therefore recommends that ..inn~rl.ine
permit may be introduced for the non-tribals entering into the Sixth
Schedule Area.
(2) The Commission was informed that infiltration of persons from across
the border would be checked to a greater extent once border fencing is
completed by 2006. Another step proposed by the State Govt. to be
introduced is multipurpose identity card or Central Govt. controlled
identity card. All these measures are undoubtedly welcome. Still, the
Commission recommends that th()se who have entered the area
notified under the Sixth Sched'ljle should not be settled and
rehabilitated in the Sixth Schedule area. This exercise should be
carried out without further loss of time. /
(3) Tripura Tribal Area Autonomous Dist~ict Council has huge staff
strength of 8000 employees. The TTAADC should not spend more than
40% of their budget on establishment.
(4) Educational institutions which were closed due to insurgency problem
should be re-opened and experienced teaching staff posted to cover
the loss.
880
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'I "II' I,i
(5) State Govt. should earmark more funds for setting up residential
schools and hostels for ST students. In addition, hostels for ST
students may also be set up outside the State, i. e., Delhi, Kolkatta etc.
so that STs attained professional education.
(6) Coaching for entering into Defence Services, Railways, Central Police
Organisations may be imparted within and outside the State.
(7) The Bhils (ST) who had migrated from Western parts of India, about
two hundred years ago to Tripura, number about 2000 persons (400
families). Some of them have now come up well and represent people
in the Panchayat raj institutions upto Block level. The Commission
recommends that some of their leaders alongwith their families should
be taken on excursion/study tour to Bhil region of Maharashtra,
Gujarat, Madhya Pradesh and Rajasthan to enable them see their roots
and strengthen emotional bond with the other Bhils of the country.
(8) NGOs should be persuaded and motivated in large number to work in
the tribal areas, particularly in running old age homes, working women
hostels, mobile dispensaries etc.
(9) Marketing infrastructure and its linkage with N. E. States and rest of
India needed to be given priority.
(10) Field office of the National Commission for STs at Agartala may be
headed by a Deputy Director and qffice strengthened.
(11) Tripura is blessed with gas as a natural resource. State Govt. should
therefore draft a short-term as well as long-term policy by which tribals
.. interests could be safeguarded and promoted.
(1..2) Reservation in services for STs should be in proportion to their
"-Y- population to total population in the Sixth Schedule Area and not
according to State population.
- 881
"
CENSUSWISE TRIBAL POPULATION
Appendix I
,-&-rCensus
State
Tribal
Percentage of
I
I No. I Year
Population
Population
Tribal Population to~
! ,
Total Population
f--+----~--
,1. I 1901
173325 92544 53.39
~--~---~-~ :2.
1911 229613 I 111308 48.48
r
~-).
1921 304437 171610 56.37
14.
1931 382450 192240 50.26
--..- 15.
1941 513010 256991 50.09
" - 6.
1951 645707 237953 36.85
7.
1961 1142005 360070 31.53
------ 8.
1971 1556342 450544 28.95
-- 9.
1981 2053058 583920 28.45
10
1991 2757205 853345 30.95
11.
2001
31,91,168 9,93,426
30.45
[Source: Govt. of Tripura- 10th Five Year, Tribal sub-Plan, P4]
- 882
'I'
Appendix II
Occupational Classification of Scheduled Tribes- Tripura
(in percentages)
Category
Cultivators
Agricultural labourers
Other workers
Total
1971
75.37
20.14
4.49
100.00
- &83
1981
64.03
28.72
7.~5
100.00
1991
58.27
30.32
11.41
100.00
Appendix III
FLOW OF FUND TO TSP FROM STATE PLAN SINCE VII PLAN
(Rs. in lakhs)
_Ye~-l Oulla}'
Expenditure
I
""~
Total State Of which
TSP % to TSP
Plan flow to TSP .
outlay -_o- n
62700.00
20609.83
21,102.69
102.4
(32.87%)
II Plan
42800.00 14089.96
13,207.52
93.7
(32.92%)
"-----
f--
n
132798.60
42320.57
41,261.53
97.5
(31.86%) --,,-
n
213547.06
70217.70
68,216.25
97.1
(32.88%)
- _._,._. __ .,--_.'-------,--~"----
-~----- ---_.~ ....,_.
-ffil~
9 P
-nm-
8 P
- 884
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" 'II I 1"
Appendix 1/1(a)
SECTOR WISE FLOW TO TSP DURING 2002-03
, - - - - -- -,
S.
Sector Plan TSP Flow TSP
No.
Allocation
Expenditure
Divisible 1.
Agriculture & allied
3645.22 1433.97 1201.27
2.
Rural development
4403.83 1528.60 1458.60
3.
Special Area
3847.42 3847.42 3847.42
Programme (TTAASDC) 4.
Irrigation and Flood
3766.78 1202.5 1197.81
control 5.
Energy
1368.83 915.34 937.12
6.
Industry and Minerals
515.50 135.46 136.09
7.
Transport
1465.21 454.22 389.72
8.
Communication 0 0 0
9.
Science, Technology
71 23 . 23
and Environment 10.
General Economic 166.41 47.61 47.61
Services 11.
Social Services 15642.40 7379.04 6905.59
12.
General Services10.77 3.43 3.43
34.933.57
16978.09 16155.16
Total
Note:
(i) Total State Plan outlay was Rs. 60011.50 lakhs of which divisible
was Rs. 34933.57 lakhs.
(ii) Flow to TSP out of State -Plan was 28.29%.
(iii)Percentage of expenditure out of TSP allocation was 95.15%.
- 885
Appendix 11/(b)
SECTOR WISE FLOW TO TSP DURING 2603-04
(Rs. in lakhs) -
S.
Sector Plan Allocation TSP Flow
No.
Divisible
1.
Agriculture & allied
2470.34 932.57
-.. 2.
Rural development
4413.89 1533.80
3.
Special Area Programme
3847.42 3847.42
(TTAADC) 4.
Irrigation and Flood
3991.50 1376.30
control 5.
Energy
369.00 102.75
6.
Industry and Minerals
230.60 61.54
7.
Transport
1465.21 454.22
8.
Communication 0 0
1-- 9.
Science, Technology and
20.06 6.0
Environment
...~ 10.
General Economic
166.45 49.00
Services
_.
._~_._-._, .._. __ ._-~
11.
Social Services 11476.40 5436.99
12.
General Services 10.77 3.43
Total
28461.64 13804.02
Note:
(i) Total State Plan outlay was Rs. 65,000 lakhs of which
divisible is Rs. 28461.64 lakhs.
(ii) Flow to TSP out of State Plan was 48.5%.
- g86
11"11'
Appendix IV
THE TRIPURA TRIBAL AREAS AUTONOMOUS DISTRICT COUNCIL
AT A GLANCE
1. Area
2. Population
2001
1991
TTAADC
7,132.56 Sq. Km.
11 lakhs
8.9lakhs
ST 6.62 lakhs (74.4%)
3. Constituency 28
4. Members ST 25
5. Nominated Member by the Governor 02
6. Other Members 03
7. Revenue Villages 462
8. Village Development Committee in TTAADC areas 522
9. Primary Schools (including 65 Model Schools) 1375
10. Senior Basic School 181
11. High School 139
12. Higher Secondary School 50
13. Residential School 02
14. Block 13
15. Jhumia Rehabilitation Colony 53
16. Rubber based Colony 26
17. (i) Primary Market 229
(ii) Regulated Market 10
18. Sericulture Farm 02
19. Industrial Training Centre 55
20. Madhyamik Condensed Course Coaching Centre 01
'I
Uttaranchal
The State of Uttaranchal was formed on November 9, 2000 as 2th State of the
Indian Union. It was carved-out of the State of Uttar Pradesh by amalgamating
Garhwal and Kumaon Divisions and some other parts of Uttar Pradesh. The State
is located in the Central Himalayas which is interpersed with rivers, deep valleys,
glaciers, alpine pastures and high mountain peaks. The Holy shrines of Badrinath,
Kedarnath, Gangorti and Yamnotri are located in the State of Uttaranchal, which
are considered to be the abode of Gods. The State has international land borders
with Nepal in the East, Tibet (PR China) in the North and bounded by Himachal
Pradesh in the West and North-West, Gangetic plains of Uttar Pradesh in the
South .
. The vital statistics of the State are as under:-
Total Geographical Area
Total Population of the
State
2001 Census
Population of Scheduled
Tribes
2001 Census
Density of population
(State)
2001 Census
Sex Ratio 2001 Census
(State)
53483 Sq. Km.
84.80 Lakhs
2.56 Lakhs i.e. 3.02%
159 person/Sq. Km.
(All India 324)
964 (Gen) Female per thousand
950 (STS
Decennial Growth Rate of 20.89% (census 2001)
population (State)
888
II
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"II I
Life expectancy at birth
(State)
Districts
Scheduled Tribes
62 Years
(All India 61)
13, namely, Almora, Bageshwar, Champawat, Nainital,
Pithoragarh, Uddamsingh Nagar, Haridwar, Dehradun,
Pauri, Tehri, Rudraprayag, Chamoli and Uttarkashi.
Under the Constitution (Scheduled Tribes) (Uttar Pradesh) Order, 1967, the
following tribal communities have been notified as Scheduled Tribes:-
The Tribal Communities:-
1. Bhotia 4. Raji
2. Buksa 5. Tharu
3. Jaunsari
The District-wise distribution of various Scheduled Tribes in the State is as under:-
Tribe
District
Population as
per 1991 Census
Bhotia
Almora, Bhageswar, Pithoragarh,Chamoli, Uttarkashi 23,410
Jaunsari
Dehradun
66,948
Tharu
Uddamsingh Nagar 66,123
Buksa
Uddamsingh Nagar, Nainital, Haridwar, Pauri, 40,146
Dehradun
Raji
Pithoragarh
416
Population figures as per census 2001 have not yet been published.
It is, perhaps, difficult to establish with certainty the ethnographic history of these
five tribal communities in Uttaranchal in the absence of the ancient historical and
mythological records. However, a brief description in respect of different tribal
communities can be given as under:-
1) Bhatia Bhotia tribal community shares the same cultural history as the
Bhotia or Bhutia elsewhere with minor local variations. Many of
these tribes live in strategically sensitive border areas along the
International land border with Tibet (PR-China).
889
The term Bhotia is loosely used to describe people living in the
'Bhot' region. The Bhotia tribals 'claim to be of Rajput origin. They
had an age ')Id trading contact with Tibet and have embraced
Lamaistic Buddhism. There are various sub-groups which form the
term 'Bhotia' - viz. - Tolcha, Marcha, Jad, Jaunsari and Shauka.
Their principal occupation used to be the border trade. Now they
are mainly agriculturists and also depend on the traditional
handloom industry for their livelihood. Polyandry is still practised
by some Bhotia families.
2) Jaunsari They are reported to be Khasa immigrants. Their physical features
and looks easily distinguish them from their neighbourers the
Garhwalies. They worship Mahasu Devta - 'Shiva' and Somesu
(Duryodna). Polyandry used to be common among them and is
adopted as a family unit by some even today. Not much efforts
have been made for the documentation of the cultural afld religious
practices under Mahasu Devta to preserve all this as cultural
heritage.
The Jaunsari tribals are dependent on agriculture. Some
agricultural produce like ginger and rajmah produced in the area
are prized for their taste.
There is a controversy as to the eligibility of castes under the Hindu
Caste System practiced in the area for the Scheduled Tribe
Certificate. The term Jaunsari covers all who are the natives of
Jaunsar-Bawar. That means all Jaunsari natives who may belong
to any caste under the caste system are the Scheduled Tribes.
Some of the candidates belonging to the castes under Hindu-caste
system have obtained SC Certificate while others among them
have taken the ST Certificate. There is perhaps no problem as long
as these certificates are used for job reservations and for the
economic benefits. But, the disputes can arise when a provision is
made in the Panchayati Raj reserving elected offices for the
Scheduled Tribes only if the Jansar-Bawar having the
890
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preponderance of the Scheduled Tribes as per the population
statistics is notified as Scheduled Areas, the Commission
observed.
The Commission recommends that this controversy
should be settled without any further loss of time by the
State Government so as to obviate a possible tribal unrest
in the area.
3) Buksa This tribe inhabits the lower regions of the State. In their physique
and habits they are stated to be akin to the Tharu Tribals. Their
customs and rituals are quite the same as standard Hindu ones.
They are totally dependent on agriculture. They have never been
doing any trade traditionally.
4) Raji Raji tribals are considered to be the original inhabitants of parts of
Kumaon. They have a dialect distinct from that of other
communities in the Kumaon hills. Their traditional occupation has
been hunting and food gathering. Presently, they are engaged in
agricultural production. They continue to practice their traditional
indigenous faith in the matter of religion and culture.
5) Tharu They are the inhabitants of the foot hills of Kumaon Himalayas.
Traditionally they have been dependent on forest and forest
produce. Now they have started agricultural practices and are
totally dependent on agricultural production.
The State Government has, before the Commission, reiterated the
demand for the inclusion of 'Rawalta' community in the list of the
Scheduled Tribes. of the State, which the State had earlier in August,
2001 submitted to the Government of India. The Rawalta is said to be a
sub-group of Jaunsari settled in the District of Uttarkashi - adjoining
Jaunsar-Bawar.
S1certificate
The Chief Secretary and the Secretaries reported in the meeting that the
Scheduled Tribe Certificates are being issued as per the guidelines provided by
the Government of India. The ground realities appear to be different.
89i
,
It was brought to the notice of the Commission by the tribal representatives of
Jaunsar-Bawar that the guidelines issued by the Central Government are not being
properly followed while granting the Scheduled Tribes Certificate in the Jaunsar-
Bawar area. While in the case of the other 4 tribes in Uttaranchal, there are no
problems as to the guidelines for issuing the Scheduled Tribes Certificates as all
those who belong to different tribal communities are eligible for Scheduled Tribe
Certificate and also for various economic concession and job reservations etc. But
in the case of Jaunsari, a clarification is needed on the question as to who all are
the Jaunsari belonging to Jaunsar-Bawar on the date of Notification of the Jaunsari
as a Scheduled Tribe. It appears that a mistake had been committed as to the
interpretation of the term Jaunsari for the purpose of declaring Scheduled Tribe.
Tribals argue that a Jaunsari who is a native of Jaunsar-Bawar is a
Jaunsari. That means anybody who on the date of Notification
belonged to a family who is a native of Jaunsar-Bawar is a Jaunsari.
And that on the date of Notification a temporary resident in Jaunsar-
Bawar was erroneously treated as Jaunsari.
The tribal representatives have demanded that for a Jaunsari to be qualified as
Scheduled Tribe should belong to a family who is a traditional Jaunsari, whose
ancestors had permanent residence in Jaunsar-Bawar as per village revenue
records and also as per village administrative report. Any outsider who had settled
even a century or more before the date of Notification does not become Jaunsari.
He should be treated as a temporary resident. There is always a distinction made
between the permanent and temporary residents and the question as to who are
the natives only the Gram Sabha and Dev Sabha of village should be able to
determine.
The Commission observed that these criteria should be appraised and
proper guidelines should be issued afresh. The tribal representatives
said before the Commission that many outsiders have availed of the
job reservation opportunities who are not the natives of the Jaunsar-
Bawar who have been only temporary residents migrated from outside
on the date of Notification. The District Administration appears to have
892
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iii I' III H'~ 1'1; 1.1
!' ~'11'1
"'II' ,"
taken an erroneous view of the definition of the Jaunsari and that has
adversely affected the interests of the natives, the Commission
observed.
Job Reservation
The tribal representations were of the view that the situation obtaining after the re-
organization of UP Le. after the creation of Uttaranchal as a new State has not
been satisfactory in the matter of job reservation, and there has been no expansion
of the employment opportunities for the tribals. In 1967 certain communities were
declared as Scheduled Tribes in the State of UP. After the re-organization and
creation of the State of Uttaranchal, the majority of the Scheduled Tribe
Officers/employees in the combined UP State have been shifted to the cadres of
the new State of Uttaranchal. At present, reservation for the Scheduled Tribe in the
services is fixed at 3.6% as per the population ratio. In view of the fact that a large
number of tribal officers/employees have been allocated to Uttaranchal, no
vacancies are available for the Scheduled Tribes in the services in respect of most
of the service cadres in the State.
There is a kind of unrest in the tribal areas of Uttaranchal on this
account, as there are no vacancies available for the STs on the
reservation rosters. This has blocked the opportunities for the new'
entrants. The State Government may haveto find a solution to this, the
Commission observed.
3.6% or 4% reservation in the opinion of the tribal delegations is not enough. They
pleaded that all new recruitments made in the State of Uttatanchal should be filled
by providing reservation at least at 4% to the Schedule Tribes without any
reference to the total strength of the tribal officers/employees in different cadres
which actually in some cases has exceeded the ceiling on the reservation. They
were also of the view that the percentage of the reservation for the Scheduled
Tribes should be increased to 7 )4%.
2564 SA&ST/04-57A
89~
1
2564 SA&ST/04-57B
Scheduled Area
There are no Scheduled Areas declared/notified under the provisions of the Fifth
Schedule of the Constitution in the State of Uttaranchal. During the field visits, the
Commission received demands for the declaration of certain tribal areas as
Scheduled Areas under the provisions of the Article 244 (1) and of the Fifth
Schedule of the Constitution. The Jaunsar-Bawar area comprised of 2
Development Blocks in Dehradun District perhaps fulfil the criteria laid down for
carving out a Scheduled Area as it is geographi~ally contiguous having the
preponderance of tribal population. This area to be declared as Scheduled Area is
of a reasonable size to form an economic unit under the Tribal Sub-Plan.
The demand of the people for declaring the Jaunsar-Bawar area as
Scheduled Area under the provisions of the Fifth Schedule of the
Constitution may be considered by the State Government and the
Government of India. A feasibility exercise can be undertaken in terms
of the criteria laid-down for the creation of a Scheduled Area. The
Jaunsar-Bawar area apparently fulfils two main criteria Le. geographic
contiguity and the preponderance of the tribal communities, the
Commission observed.
There was a demand also made for declaring Niti area of the J9shimath
Development Block as Scheduled Area. It also has the preponderance of tribal
population in the Niti area along the international land borders, but it does not fulfil
the criteria laid down for the size of the area comprised.
The Commission observed that without being declared as the
Scheduled Area there can be an Integrated Tribal Development Project
set up for Niti area, as the area requires special attention to be paid in
the infrastructural development along the International land border.
That may also help opening up border trade route via Niti Pass area.
Tribes Advisory Council
The tribal representatives have pleaded before the Commission that there should
be a Tribes Advisory Council set-up under the provisions of the Fifth Schedule of
the Constitution in the State.
894
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The Commission recommends that a Tribes Advisory Council may be
set-up under the provisions of the Fifth Sfthedule of the Constitution.
This can be done even where there are no Scheduled Areas notified.
The Tribes Advisory Council will provide a forum for the tribals to
deliberate upon the tribal affairs and the development policies and
programmes for the tribals. It will provide opportunities to the tribals
for playing advisory role in all legislative, executive and development
matters.
Regulations relating to transfer of land
Under Section 157 B of the Uttar Pradesh Zamindari Abolition and Land Reforms
Act, there are restrictions on transfer of land by Members of Scheduled Tribes. No
Bhumidhari or Asami belonging to a Scheduled Tribe shall have right to transfer by
way of sale, gift, mortgage or lease or otherwise any land to a person not
belonging to a Scheduled Tribe. As per these provisions any kind of transfer of
land from a person belonging to a Scheduled Tribe to a person not belonging to a
Scheduled Tribe is prohibited under the law.
The provisions of the Act further restrict transfer of land within the tribal
communities as well. It says that where transfer of land is from a person belonging
to a Scheduled Tribe to a person belonging to a Scheduled Tribe it should take
place in the following order of preference - a) landless agricultural labourer; b)
marginal farmers; c) small farmers; and d) a person other than referred to in
Clause a), b) & c) and that such transfers shall be made only with the previous
approval of the Assistant Collector of Revenue concerned.
These provisions under the Act apparently provide adequate protection against the
exploitation of tribals by non-tribals, also it protects interests of landless and
marginal farmers among the tribals.
But the ground realities are different. During the interaction the Commission had
with the Buksa Tribals in Vikas Nagar Development Block in Dehradun District, the
tribal representatives submitted documentary proof about the irregularities/violation
of laws/regulations where the transfer of tribal land to non-tribal had taken place
&9S
,
which in fact is unlawful as the provisions of the Act prohibit land transfer of any
kind from tribal to non-tribal. When this was brought to the notice of the Minister
in-charge, Social Welfarerrribal Welfare and the Chief Secretary in the
Commission's meeting with them, the State Government admitted that there are
some cases of land alienation in Buksa and Tharu Tribe's habitat that had come to
the notice of the State Government which would be looked into by the State
Government and that in all the cases of tribal land alienation detected and the land
so alienated will be restored to the original tribal land owners.
The Commission observed that the provisions of the UP Zamindari
Abolition and Land Reforms Act, made 'applicable to Uttaranchal,
regulating the transfer of tribal land are not being implemented strictly
which needs the attention of the State Government.
Tribal Sub-Plan (TSP)
The Tribal Sub-Plan approach has been adopted. The tribal development
programmes and projects are being implemented with the following objectives and
the strategies laid down for the development of tribals of the State:-
(1) Funds are being earmarked for TSP in proportion to percentage of the
Scheduled Tribe population in the State;
(2) In the Tenth Plan period (2002-07) out of the State Plan outlay of
RS.9000 crore, the funds flow to TSP is at RS.324 crore which is 3.6% of
the State Plan. In the Annual Plan (2002-03) allocation to TSP was
4.59% and that in the Annual Plan (2003-04), the allocation made has
been at 3.66% of the State Plan.
(3) Emphasis given in the Tribal Sub-Plan for socio-economic development
are the schemes/projects like basic minimum services i.e. drinking water
supply, primary health-care, housing, link roads and streamlining of
public distribution system and universal and primary education etc.
(4) Thrust of the projects and schemes are for employment and income
generation.
&9)
II ""f" I I"!'
(5) Under TSP outlays physical and financial targets have been fixed for the
schemes.
(6) An important aspect of TSP is for the rehabilitation of tribals displaced
on account of all the development projects etc.
(7) An emphasis has also been given for the development of schemes in
handloom, carpet-weaving and handicraft etc.
(8) As per the guidelines under National Forest Policy within the framework
of the Forest (Conservation) Act, 1980, Joint Forest Management
Programme has been given priority in respect of the development of the
tribal habitat and for maximizing the benefits that the tribals are
expected to derive from the forest resources in and around their habitat.
There are no problems associated with the users rights of the tribals in the forest
areas. The State Government has acknowledged that the tribals have played an
important role in the forest conservation work programmes in the tribal areas.
There are no complaints about the users right traditionally exercised in respect of
minerals, mines and non-timber forest produce etc. The Van Panchayat System
introduced in the State are working in the tribals habitat also.
The TSP does not include major schemes and projects under the State Plan
such as, State Highways, electrification and power distribution, major transport and
communication infrastructure, forest, higher education and specialized health
system etc. These aspects of Human Resource Development and infrastructural
facilities development in respect of the TSP are covered under the State Plan, Le.
over and above the TSP allocation.
S.No.
Plan Period
Plan Outlay
TSP
Percentage
1
2 3 45
1
101n Plan (2002-07)
RS.9000Cr.
Rs. 324 Cr. 3.6%
2
Annual Plan (2002-03)
Rs. 1534 Cr. Rs. 70.4 Cr. 4.6%
-
3
Annual Plan (2003-04)
Rs. 1740 Cr. Rs. 64 Cr. 3.66%
89=7
,
TSP funds allocation
Of all the 5 tribes, Raji and Buksa Tribes are comparatively more backward
economically than the rest of the tribes in the State.
The Commission recommends that under the Tribal Sub-Plan some
special economic package/programmes/projects should be
undertaken by the State Government for the economic development of
the Raji and Buksa Tribes, the object of which should mainly be the
employment and income generation. It further recommends that there
should be a criteria/formula devised for the allocation of plan funds to
different tribal development sectors.
In the State of Uttaranchal there are no Scheduled Areas and that tribals are
dispersed in 9 Districts mainly and that the tribal habitat are not contiguous
geographically with the result it would be difficult to have integrated tribal
development projects set-up. In fact, it is for this reason that the ITDPs set-up
earlier on trial basis were abolished. That leaves only one criteria to be adopted for
the allocation of funds i.e. the population and the relative economic backwardness
can form the basis for the allocation of funds.
The Commission recommends that Raji and Buksa Tribes should
receive higher allocation considering their relative economic
backwardness. These two tribes also need basic services such as
Human Resource Development and health services to be provided on
priority basis. The State Government may see the feasibility of a
formula for allocation of TSP funds such as - 40% on population basis
of each tribe and 60% on the basis of relative economic
backwardness.
The Chief Secretary stated in the meeting that there are 11 Blocks covered under
Border Area Development Programmes, over and above, the development
efforts made under Tribal Sub-Plan.
Revenue Deficit Grants from the Centre
In the meeting with the Commission, during its visit to the State of Uttaranchal, the
Hon'ble Chief Minister, Shri N.D. Tiwari stated that the State of Uttaranchal is a
898
!' ~i Ii"111
IIII
special category State for various purposes particularly for the plan financing and
for the special grants from the Centre. He also mentioned that other special
category States like Himachal Pradesh are provided every year special grants by
the Central Government, but the State of Uttaranchal has not been getting such
special grants even after declaring it as a special category State. In the absence of
the special grants from the Centre, the State has been facing difficulty in financing
the development and welfare projects for both tribals and non-tribais in the State,
he added.
The special category States get their plan financing in the form of 90% grants and
only 10% as loan. This is done because these States presumably have weak
revenue base resulting in large deficits on their non-plan revenue account. These
States, in fact, always remain under acute stress with fiscal deficits requiring
massive infusion of Central funds/grants. For these reasons, the special category
States are provided revenue deficit grants which the State of Himachal Pradesh
has been getting and that may be the case with the other special category States.
These special category States are allowed to transfer 20% of plan assistance for
the non-plan expenditure. The State of Uttaranchal has not been getting revenue
deficit grants from the Centre because such grants are assessed by the Finance
Commission 'which sits periodically. The last Finance Commission i.e. Xlth
Finance Commission had made its recommendations a little before the State of
Uttaranchal was created and therefore, no special financial arrangements by way
of revenue deficit grants or Special Assistance could be recommended by the Xlth
Finance Commission in respect of the State of UP and for the areas now forming
parts of Uttaranchal. The newly created State of Uttaranchal had to wait for three
years and may have to wait until the Xllth Finance Commission presents its
recommendations. The Xllth Finance Commission can assess the financial
requirements to meet the revenue deficits for making necessary recommendations
after assessing the size of the revenue deficit grants for the State of Uttaranchal it
being a special category State.
The Commission observed that the revenue base of this new State is
apparently weak and the State being particularly a newly created State
is facing financial problems on account of revenue resource
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constraints. The State being a special category State for the purpose
of Plan financing and 'for the Special Gentral Assistance by way of
revenue deficit grants, can place before the Xllth Finance Commission
its demand for special grants to meet its revenue deficits.
Integrated Tribal Development Projects
At one time, before the reorganization of the State of UP, there were 5 Integrated
Tribal Development Projects in the tribal belts now forming parts of the Uttaranchal
State. These ITDPs were abolished by the State Government of UP long before
the re-organisation. As such, 't present, there are no Integrated Tribal
Development Projects in operation in the State of Uttaranchal.
The State Officials as well as the tribal development agencies in the State had
expressed their views justifying having the Integrated Tribal Development Projects
for a comprehensive tribal development in the State. It appears that the State is
open to the concept of Integrated Tribal Development Projects. The State may be
consideringfloating the ITDPs as a mechanismfor tribal development.
There are certain tribal belts which qualify to have ITDPs such as two
Development Blocks covering Jaunsar-Bawar area in Dehradun
District; Joshimath Development Block in Chamoli District and Harsil
and Nilang Pass areas in Uttarkashi. The Darchula and Munsyari areas
also qualify to have ITDPs considering the preponderance of
Scheduled Tribes and the unit being either a Development Block or a
Tehsil, the Commission observed. The Integrated Tribal Development
Projects that can be set-up should cover all the tribal communities.
The smallest of all is Raji tribal community but it has only a couple of
habitat which can qualify for ITDP. Those pocket of Raji tribal
concentration which do not qualify for ITDP can be covered under the
Modified Area Development Approach (MADA).
Human Resource Dev~lopment
The Chief Secretary stated that the new State of UUaranchal has faced a lot of
difficulties in getting it established as apparently there are new problems,
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difficulties and constraints in setting up the systems in a new State. Despite the
constraints, the efforts have been made for proper development of tribal areas.
The Chief Secretary stated in the meeting that the State has given top priority to
Human Resource Development particularly for the Scheduled Tribes. Apart from
the normal Government Schools, there are also Ashram Schools in the State.
But the ground realities perceived are different. The Commission observed, on
hearing the tribal representatives and on a perusal of the reports on the
educational institutions run by the Government as also the health institutions in the
tribal habitat in the state that adequate infrastructural facilities like buildings,
laboratories, essential teaching staff and medical and para-medical staff, medical
equipments etc. have not been provided. There are reports also about the
problems associated with the distribution of scholarship/stipends to the tribal
students in the tribal areas.
Economy
Agriculture and Allied Services
Agriculture continues to be the main source of livelihood for all the 5 tribal
communities in the State. The Bhotia Tribe along the International land border at
one time had a good source of employment and income on account of border
trade. Now, they are totally dependent on the agriculture and the traditional
handloom industry. The other 4 tribes who have their habitat in the lower hills of
the State are totally dependent on agriculture.
The Commission observed during the field visits and on perusal of the
records on the agriculture production, trade and commerce etc. in th~
State that nothing substantial has been done for the development of
agriculture, trade in industry for the tribals. There is no trace found of
any impact of the green revolution in the tribal habitat. The
agri/ho,rticulture can make major contribution for the deve,lopment of
economy of the tribal habitat but its development on modern lines with
the aid of new technology has not yet been initiated.
90J
The twin Revenue villages of Nilang and Jadung of Nilang Pass area were vacated
by the tribal natives during the 1962 Indo-China War. A delegation of these tribals
met the Commission during its field visit and stated that the land allotted to them in
the new habitat area Bagori (Harsil) & Dunda in the District of Uttarkashi is not
enough for their livelihood and in fact the land given to them is not commensurate
with the area they have lost in these twin villages on evacuation. They have further
stated that they were not given any compensation for the land lost by them on
account of their evacuation. The representatives of the Bhotia Tribe who had to
vacate their original habitat Nilang and Jadung villages during the Indo-China War
of 1962 stated before the Commission that the land in these villages vacated on
their evacuation can now be restored to the original tribal owners of these villages.
Now that Indo-China relations have normalized the tribals claim that there are no
problems for reviving the economic activities in these villages.
The Commission recommends that the Government of India/State
Government may consider restoring the two tribal habitats i.e. Nilang
and Jadung Revenue villages to the original/native owners which they
had to vacate during 1962 war, as the tribal representatives from these
areas are of the view that neither there are any security problems in
,the area nor the restoration of these villages would adversely affect
the deployment of the military/security forces in these areas. The local
administration reported that these Revenue villages vacated by the
tribals in 1962 have the fertile land and there is a good scope for
agricultural/horticultural development in the area which would help
generate employment and income for these displaced tribal natives of
the area.
In the meeting held by the Commission with the Hon'ble Social Welfare/Tribal
Development Minister and with the Chief Secretary and the Secretaries of the
Departments, the Commission was told that there were no complaints about the
land alienation in the tribal habitat. The ground reality is that during the
interaction the Commission had with Buksa Tribe in Vikas Nagar Block in
Dehradun District, the tribal representatives submitted documentary proof about
the irregularities/violation of laws/rules where transfer of land from tribals to non-
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tribals ha~ taken place. Under Section 157 B of the Uttar Pradesh Zamindari
Abolition and Land Reforms Act (now applicableto the State of Uttaranchal) there
is a total ban on transfer of land from a person belongingto a Scheduled Tribe to a
person not belongingto a ScheduledTribe. When this was brought to the notice of
the Hon'ble Minister, Social WelfarelTribal Welfare and the Chief Secretary in the
Commission's meeting with them the State Government admitted that there are
some cases of land alienation in Buksa and Tharu Tribes' habitat that had.come to
the notice of the State Government, which would be looked into by the State
Government and efforts would be made for the restoration of the tribal land
alienated.
The Commission recommends that a survey should be conducted to
detect the cases of land alienation in Buksa and Tharu Tribes' habitats
arid for that matter in respect of other tribes as well and that land
alienated should be quickly restored to the original tribal owners. The
Commission further recommends that the land reform measures
provided under Uttar Pradesh Zamindari Abolition and Land Reforms
Act should be strictly enforced, as in the opinion of the Commission
strict implementation of land reform measures is a key to the land
development and productivity.
Duringthe interaction with Buksa Tribe, it was revealed by the tribal speakers that
there have been cases of exploitation where loan papers/documents and figures
of loan amount etc. had been fudged by the money-lenders. The tribals have
always been in the need of financial assistance to meet their land development
activities and cultivation of the land for agri/horticultural production. As per the
statement made by the functionaries of the local administration and also by the
tribal representativesduring the interactionwith Buksa tribal representatives in the
Vikas Nagar Block that not a single case of Government sponsored loan has
been processed in the past that could replacethe loan by the money-lenders. The
SC and ST Finance Development Corporation of the State has not sanctioned
even a single loan case in this Block havingthe preponderanceof tribal population.
The Commission observed that there is a need to build awareness
campaign about the availability and the process for obtaining the loan
90~
from the Government, Cooperative Bank and Financial
Institutions/Commercial Banks and the ST Finance and Development
Corporation etc.
The Block Development Officer and the Tehsil functionaries revealed that not a
single survey has been done to collect the basic statistics on economic
development in agriculture, horticulture, animal husbandry and allied fields of
economy in the Block. This is precisely the case with other tribal habitats in the
State where no survey has been undertaken to assess the impact of economic
development programmes. Also, there are no statistics prepared of the persons
belowthe poverty line in respect of the tribal habitats in the State.
The Commission recommends that there should be an economic
survey undertaken in all the tribal habitats in the State to assess the
state of economic development and the impact of the development in
all these years of planned development.
Development of infrastructural fac;lities - RoadlTransport
The representatives of the Bhotia Tribe of Mana village situated only a couple of
kilometers beyond the sacred Badrinath Temple have made the following demand
beforethe Commission.
i) They have demanded that a road be built from Mana village to its
hijmlet across the river at a distance of 10 Kms. which has the tourism
potentiality. This will help develop the economy of the area and would
provide employment and incometo thelocal tribals.
The Commission observed that there are no security
problems that come in the way of building this road
stretching around 10 Kms. across the river to the hamlet
where they have agricultural activities. At present, the
tourists have to go upto the hamlet on foot. By constructing
this road, more tourists and pilgrims visiting Badrinath will
visit the area that will create employment opportunities for
the local tribals.
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ii) The tribal people of Mana shift from this village to lower areas of the
State in November and return to the village in the month of May. This
migration is an a'nnual feature. They produce a variety of handloom
and handicraft items. They have demanded before the Commission
that they faced problem for marketing their hand loom products and
there are no institutional arrangements for marketing of these products.
Secondly, their hand loom and handicraft work/products are distinct and
their market has been threatened by cheaper mill-made clothings.
They have demanded that handloom and handicraft items brought
from outside the State should be banned to protect the market for their
local products. There is enough strength in their plea.
The Commission recommends that necessary measures be
taken first to promote the handloom and handicraft items of
the tribals and then provide necessary market protection
which measure can be to the extent of banning the hand loom
and handicraft products from outside for 8ale in the area. At
present there are no institutional arrangements made for
marketing of the products nor any incentives have been
given to these tribals. In fact, the promotional work through
incentives and financial assistance can be undertaken under
the Tribal Sub-Plan or with special assistance from the
Central Government.
The tribals of Mana have also demanded that the traditional trade route to Tibet
should be re-opened and a road should be built upto the border. The Commission
had, during the interaction with the local administration and also with the tribals,
observed that the feasibility of constructing a road upto the border to reduce the
distance to be covered on foot and save time as well can be undertaken. The
road built will obviously open up opportunities for economic development in
the area and these tribals can seize the benefit.
The Commission observed that the Mana village inhabited by Bhotia tribals
situated just a couple of kilometers beyond the sacred Badrinath Temple do not
90~
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benefit directly or indirectly from the pilgrimage to the sacred Badrinath. Mana
being the only village close to Badrinath Temple have no participation directly or
indirectly in the management of the Badrinath shrine under the Temple Committee.
The Temple Management, according to the tribals of Mana, has never asked for
. any services to be rendered by these tribals for the Badrinath shrine.
The State Government can consider enlisting participation of these
tribals in the management of the Temple and in the developmental
activities in and around the Badrinath shrine. Their participation can
open up employment opportunities for these tribals and it might
augment economic development of the tribal habitat.
The Jaunsar-Bawar has the largest tribal population. The area is underdeveloped
economically and it lacks basic infrastructural facilities such as roads and transport
system and communication facilities etc. The trade/commerce is not much visible.
The reason stated by Jaunsari tribal representatives was that the gate system
..
regulating the entry to and exit from Chakrota virtually keeps the whole area of
Jaunsar-Bawar out of bounds and have demanded that the gate system be
removed.
The Defence Ministry, Government of India may look into the feasibility
of finding an alternative to the present gate system so as to help open
up the area for tourism, trade and commerce. The area has great
potentiality for faster economic development of the economy of the
tribal people.
The Commission observed that in all these borderland areas, the
infrastructural development needs attention for opening up the area
and for building economy of these tribal belts along the International
land border from Darchula and Munsyari in Pithoragarh District in the
East along the International border through Malari and Niti Pass area
in Chamoli and Mana village beyond the sacred Badrinath Temple to
Nilang Pass beyond Gangotri in Uttarkashi District in the .State and
also in Jaunsar-Bawar area of Dehradun District in the West. For the
development of the economy of these border lands, roads and
infrastructural facilities like transportation, communication facilities
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should be built and expanded. In the name of security considerations,
the infrastructural facilities have been denied to the natives of these
areas who are mostly tribals. The infrastructural facilities would in fact
help opening these areas for hiking, trekking, tourism development,
trade and commerce which would create opportunities for employment
and income generation.
The Commission recommends that a task force may be set up by the
Government of India for undertaking feasibility exercises for the
economic development by building infrastructural facilities all along
the International land borders from Ladakh through Himachal Pradesh,
Uttaranchal, Sikkim to Arunachal Pradesh.
Cultural Tourlsm- Its impact on the economy of the Tribal Habitat
The famous pilgrimage route - the only route from India - to the sacred Mt. Kailash
(22,028 ft.l6675 mtr) and Mansarovar (at the height of 14,930 ft.l4530 mtrs.)
passes through the District of Pithoragarh in Uttaranchal. The upper part of the
District along International land border is inhabited by Bhotia tribe and in the lower
parts of District both Bhotia and Raji tribes have their habitat. From the ancient
times for many centuries, thjs was the pilgrimage route to the Mt. Kailash and
Mansarovar in Tibet (PR-China). This route was closed in 1956 and was re-opened
in 1981 on the normalization of India's relation with PR-China which was
welcomed by the tribals as well as non-tribals settled along this route.
The pilgrimage is organized by Kumaon Mandai Vikas Nigam Ltd. Since the re-
opening of the route in 1981, in all these years i.e. upto 2003, season 6889
pilgrims/travelers in 231 batches visited the sacred Mt. Kailash and Mansarovar via
this route. The pilgrimage is performed in various groups between June and
September every year. The pilgrimage is organized on the Indian side by the
Kumaon Mandai Vikas Nigam Ltd. and that on the Tibet (PR-China) side by a
tourism agency of China. The pilgrimage route passes through Almora, Darchula
and Navidag, Lipu Lake Pass (International border) and from the border via
Taklakot to Mt. Kailash and Mansarovar in Tibet (PR-China).
90:f7
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The pilgrimage every year generates employment and income for the local
inhabitants both tribals and non-tribals. The Kumaon Mandai Vikas Nigam Ltd. and
the local administration have r~portedthat the tribals along this route are directly or
indirectly benefited in the following ways:-
(1) That the local tribals are deployed as chowkidars/security guards along
the pilgrimage route. The entire seasonal fruits and vegetable for the
mess run by the pilgrimage batches are procured locally.
(2) The local inhabitants deployed the horses, ponies and labourers for the
transportation purposes for the pilgrimage along this route.
(3) A large number of small shops, restaurants, dabhas have been
established by the locals inhabitantswhich provide them employment.
(4) Throughout the year, surveys are conducted in connection with the
arrangements for the pilgrimage and for the purpose the local tribals are
employed.
The tribal representatives during the interaction with the Commission had
demanded that the road upto the International border on Indian side should be
constructed which would not only help faster movement of the pilgrims but also
boost the economy of the border land. There are a large number of tribals both
Bhotia and Raji in the Tehsil DarchCilaand Tehsil Munsyari in the District of
Pithoragarh. These areas have tremendous potentiality for the development of
tourism- trekking, hiking, mountaineering and adventure sports. The development
of motorable roads in this area would help economic development resulting in
employment and income generation for the local people.
The Commission recommends that the Government of India and the
State Government of Uttaranchal may consider building motorable
road upto the International border along this route and develop the
basic infrastructural facilities like transport and communication and
promote cultural and adventure tourism which can have a multiplier
effect on the economy resulting in employment and income generation
for both the tribals and non-tribals inhabiting the catchment area along
this route.
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Border Trade -Its impact on the economy of the tribal habitat
The commercial trade between tribal habitat along the International land border in
Uttaranchal and Tibet (PR-China) had existed from the ancient times. The
International borders with Tibet (PR-China) were closed for the trade from 1956
onwards due to the deterioration in the relations between India and PR-China on
the issue of Tibet. The trade vitually stopped after the flight of His Holiness the
Dalai Lama in 1959.
The tribal people inhabiting the International land border in Uttaranchal/UP as well
as in other parts of the Himalayas had been pressing for re-opening of various
trade routes from India to Tibet (PR-China) which were the branches of the famous
silk route. To begin with, the trade route from Pithoragarh via Navidag and Lipu
Lake Pass (border) and Taklakot was re-opened in 1992. Although, the pilgrimage
route in Pithoragarh via this trade route to the sacred Mt. Kailash/Mansarovar was
re-opened in 1981.
There was a proposal for re-openeing another trade route running from Joshimath
via Niti Pass in Chamoli District. So far no decision has been taken for re;.opening
of this route which is also a branch of the famous ancient silk route. The tribal
representatives of the Joshimath Block in Chamoli District have during the
interaction with the Commisskm demanded re-opening of this trade route. The
tribals of Mana habitat beyond Badrinath Temple in Chamoli District and also the
tribes of the Nilang Pass area beyond the Gangotri in Uttarkashi District placed
their demands before the Commission for re-opening of the trade routes through
these areas.
, The border trade has since been re-opened via Nathu La in Sikkim and Shipki La
in Himachal Pradesh, Lipu lake pass in Pithoragarh District of Uttaranchal which
have been from ancient times the important branches of the ancient silk route.
The Commission observed, during the interaction with the cross-
section of tribal representatives from the International land borders
along the Niti Pass and Mana Pass in Chamoli District and NUangPass
in Uttarkashi District, that the border situation in these areas, as it
appears, are no different from that of Nathu La in Sikkim, Shipki ~a in

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Himachal Pradesh and Upu Lake Pass in the Pithoragarh District as
far as the border trade is concerned.
The Commission recommends that the Government examine the
possibility of re-opening border trade with Tibet (PR-China) via
NitilManaPasses and via Nilang Pass for the reasons that these routes
have been from ancient times the important branches of ancient silk
route; and that the border trade had been the backbone of the
economy of the tribals inhabiting the International border land.
The Commission recommends that the trade interest of the tribals
settled along the International land borders be protected through
legislative measures which can extend to providing for necessary
Constitutional safeguards to regulate the border trade with the object
of keeping it open to the natives only as the border trade traditionally
had been the backbone of the economy of the tribals inhabiting the
International land borders.
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WEST BENGAL
Out of a total population of 8.04 crores, West Bengal has a scheduled tribe
(ST) population of 51.23 lakhs. The ST population is spread over the districts of
Midnapur, Bardhaman, Purulia, Bankura and Jalpaiguri. The major tribes are the
Santhal, Munda and Oraon among 40 different ST communities. Three primitive
tribal groups have been recognized i.e. the Lodha/Kheria, Toto and Birhor. Two
new ST communities have been added to the list i.e. Limbu (Subba) and Tamang
to make the forty. ST community-wise figures of 2001 census are not available.
No area of the State has been declared as Scheduled. Area.
2.. The Commission's Team toured the districts of Purulia, Birbhum and
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Bankura. In these districts, they met a large number of members of the public,
members of Panchayats and legislators. The tour was wrapped up with a meeting
in Kolkata with the Chief Secretary of the State and several of his state-level
colleagues. Further, at the end of the visit, the Team had the benefit of
discussions with the Chief Minister, West Bengal, Shri Buddhadev Bhattacharya.
We could not have a meeting with the Governor as he was on leave.
3. Arriving Ranchi airport on 11 August 2003, we motored down !o Purulia,
headquarters of the district of that name. Later in the evening, we had separate
meetings with legislators and Zilla Parishad Chairpersons and subsequently with
NGOs and public men. At this meeting, the District Magistrate Shri Bhagwati
Prasad Gopalika and the Superintendent Police Shri Vineet Kumar Goel were
present.
2564 SA&ST/04-58A
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911
4. At the meeting with legislators, among those who were prominent were
Shri Basudev Acharya MP, Shri Upendra Nath Hansda MLA, Shrimati Samya
Pujari Mahato MLA, Shri Mithoo Singh Sardar Zilla Parishad Chairperson and
several others. The main issues raised at this meeting related to education and
health. It was mentioned that the female literacy was very low being of the order
of just 3 per cent (1991 figure). The latest literacy figures were not available.
Even the 2001 figures of the total population of STs as well as break-up of ST
community-wise also were not available, despite the fact that the census figures
had been generated in the district. Some legislators mentioned that more hostels
were needed as the demand for seats in hostels was high. At the same time, it was
indicated that funds were not being fully utilized, as in the Kashipur Block. A
high rate of drop-out on account of migration stood in the way of spread of
education. Other legislators indicated that notwithstanding the existence of PHCs
and hospitals, STs did not make use of the facilities because of lack of awareness.
Not many NODs worked among them to create the awareness. Thirdly, the
scheme of availability of micro-credit to self-help groups needed to be revamped.
Fourthly, the MP and other legislators mentioned that the community Kharia-
Savar should be formally included in the Scheduled Tribe list as recommended by
the West Bengal government and the concerned Parliamentary Com1l1ittee. It
seems this community had been a criminal tribe.
5. At the meeting with the NODs, again the major problems related to
education and health. The case of the Kharia-Savar came up again. However, a
fruitful discussion related to Panchayat-administrative structure in the district.
From the discussion it appeared that the Zila Parishad had not been involved in
2564 SA&ST/04-598
912
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all the development activities in the district. The Parishad had considerable
quantum of staff like engineers and executive officers and the ADM was the
Additional Executive Officer. The Secretary and the Deputy Secretary Zila
Parishad belonged to the PCS.
6. In the morning of 12 August 2003, we proceeded to Hutmura and visited
Harimati hostel for girl's high school as also a boys hostel meant both for SC and
ST students. The girls hostel contained 20 SC and 27 ST girl students. They
were well housed and the kitchen was clean. They looked comfortable. But the
boys hostel seemed to be over-crowded, having 10 beds in not so large a room.
The kitchen also was not well ventilated. On the whole, the arrangements in the
boys hostel.did not appear to be satisfactory.
7. The Team proceeded to Bolpur and Birbhum district via Bankura. We had
a round of Shantiniketan. Although it was a half-day holiday, we got the
opportunity of having discussions with the Vice-Chancellor Vishwabharti, Dr.
Sujit K. Basu. The Team members discussed broadly the ideology of the
Vishwabharti University and more specifically the ideas of Rabindranath Tagore
on rural and tribal development. Dr. Basu promised to send us literature on the
subject. Two members of the Team had discussions with Dr. Kumkum
Bhattacharya, Professor and Head of Deptt. Social Work, Vishwabharti
University, Shantiniketan. She assured us that she would send us papers relating
to course contents of training of Panchayat members. After some discussion with
the local officers, the Team proceeded to Bankura. Night halt at Bankura.
8. In the morning of 13 August 2003, at Bankura we had a meeting with
MLAs Shri Subhash Chakravorty, Smt. Manushi Ghosh, Shri Iriti Bagdi
913
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(Indupur), Shri Makar Tudu (Ranibandh), representatives of NGOs and
prominent members of public. A list of those present is annexed. The following
Issues came up:
a) Integrated development was required
b) Agriculture should be emphasized. Irrigation should be provided
c) Social forestry should be undertaken on fallow land
d) Inadequate opportunities existed for education. Stipend amount
should be increased. A college was needed. The rate of drop-outs
should be checked, particularly through construction of hostels
e) More attention to health was required
f) The rate of migration had decreased, but more economic schemes
particularly in the field of agriculture would bring it down further.
Unemployment should be brought down
g) There were forests in South Bankura. But business in Bidi and sal
leaves had decreased owing to lack of marketing facilities.
Employment generation schemes should be emphasized
h) Financial incentives were required for ST cultural advancement
i) The Lutheran World Service representative stated that development
depended more on people's strength and wisdom.
9. After the meeting, the Team proceeded to Raipur in the same district. We
had a look at the girls' hostel attached to girls' high school. Here also, the girl
students seemed to be quite comfortable. There was a small number of SC
students, but the majority was of the ST students. Kitchen arrangements were
satisfactory .
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10. In the LAMPS. located at Raipur under the name of DRMS Large Sized
Multipurpose Cooperative Society Ltd. discussions were held with the Secretary,
Manager and Directors of the Board of Directors. During discussions we were
told that the entire paid-up share capital had been utilized as working capital, but
in the working sheets given to us, the paid-up share capital was shown as Rs.
68.07 lakhs and the net working capital was shown as Rs. 30.80 lakhs. Some
other accounting discrepancies also came to light. The rate of recovery of loans
to members was not available. Thirdly, against the three-fold functions of
LAMPS, conceived originally i.e. extension of production and consumption loans
to members, sale to them of their daily basic consumer necessities at reasonable or
controlled prices and purchase from them of their surplus agricultural and forest
produce, six other functions had been added. They were labour contract jobs,
deposit mobilization, nursery, vocational training, construction of cold storage
and cold storage operations. While in principle, there does not seem to be
objection to expansion of the activities of LAMPS, the practical aspect of capacity
of LAMPS to undertake multifarious occupations would need to be examined
fully. For example, we did not find adequate administrative, engineering and
technical personnel available in the LAMPS, though it is possible that they might
have been employed on project basis. Vocational training had been started in the
tailoring and motor driving trades, but the scheme had to be abandoned Jor want
of funds. It seems desirable to limit the activities of LAMPS to the extent that the
organization can possibly execute.
11. In the afternoon, we had a meeting with members of Matgoda Gram
Panchayat. Out of the total population of 14,881 according to the 1991 census,
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the population of SCs was 3,978 and that of STs 2,397. The Pradhan of the Gram
Panchayat and 16 members were present. We had a detailed discussion with
them.
12. The Gram Panchayat Act 1973 as amended from time to time, the latest
amendment being of 14 July 2003, is very elaborate. The functions, powers and
duties of Gram Panchayat have been spelt out in the Act in Sections 19 to 34, that
of the Panchayat Samitis in Sections 109 to 118 and that of Zilla Parishads in
Sections 153 to 165. It is interesting to note that each of these three institutions
consists of executive bodies i.e. Gram Panchayat, Panchayat S;1miti and Zilla
Parishad, as well as its corresponding deliberative bodies called Gram Sansad,
Block Sansad and Zilla Sansad.
13. The Gram Panchayat consists of not less than 5 and not more than 30
elected members from among persons whose names are included in the electoral
roll pertaining to the area comprised in the Gram + members of the Panchayat
Samiti elected from the constituency comprising any part of the Gram. As per
Section 16A of the Act, every constituency of a Gram Panchayat should have a
Gram Sansad consisting of persons whose names are included in the electoral roll
of the West Bengal Legislative Assembly pertaining to the area comprised in such
constituency of the Gram Panchayat. As mentioned, the powers and duties of
Gram Panchayat are wide ranging contained in several sections of the Act above
cited. But Section 16A(6) narrating the functions of a Gram Sansad makes it clear
that the "Gram Sansad shall guide and advise the Gram Panchayat in regard to the
schemes for economic development and social justice undertaken or proposed to
be undertaken", laying down principles for identification of schemes,
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beneficiaries of poverty alleviation programmes, mobilization of mass
participation for community welfare, promotion of solidarity and harmony among
all sections of the people irrespective of religion, faith, caste, creed or race ..
14. As per Section 94 of the Act. a Panchayat Samiti consists of not more than
3 members elected from each Gram within the Block + Pradhans of Gram
Panchayats + MPs, MLAs and MLCs + Members of Zila Parishad elected from
constituency within the Block. The July 2003 Amendment incorporated Section
115LA adding Block Sansad to the structure. It lays down that every Panchayat
shall have a Block Sansad consisting of all members of the Gram Panchayat
within the Block + all members of that Panchayat Samiti. Thus, it appears that
the Panchayat Simiti could be regarded as the executive counterpart of the Block
Sansad, a deliberative body. It is also noteworthy that, as in the case of Gram
Panchayat, the Panchayat Samiti has been conferred large quantum of powers,
mentioned in Sections 109 to 139. Generally, a Block and a Panchayat Samiti are
conceived to be development oriented bodies, but the West Bengal Act goes
further and empowers them in Section 133 even to levy tolls, taxes, fees etc,
15. According to Section 140 of the Act, a Zila Parishad consists of
Sabhapatis of Panchayat Samitis + not more than 3 persons elected from amongst
those whose names are included in the electoral roll from each Block within the
district + MPs, MLAs and MLCs of the district. The July 2003 Amendment
added Section 163A to the effect that every Zila Parishad shall have a Zila Sansad
consisting of all members of Zila Parishad + Pradhans of all Gram Panchayats +
Sabhapatis, Sahkari Sabhapatis + Karmadhayakshas of all Panchayat Samitis
within the jurisdiction of the Zila Parishad. In other words, the pattern of having
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two bodies has been followed by and large at all the three i.e. Gram Panchayats,
intermediate Panchayats and district Panchayat tiers. The powers, duties and
functions are sweeping. At the same time, the number of members at each tier of
the Panchayat system is large.
16. We approached the interaction with the Matgoda Gram Panchayat with
this background. We learnt that the Gram Sansad, Gram Panchayat and other
bodies were meeting regularly as prescribed. The Gram Panchayat had one
Secretary, one Job Assistant, one Sahayak and three 'D' category staff. But we
found that, in practice, the field of work of the Gram Panchayat was limited to
execution of a few schemes of SGRY, lAY, construction of primary school
boundary wall, construction of drains etc. The total cost of these schemes might
work out to rupees 5 to 6 lakhs per annum. We thought that in the context of the
powers conferred on the Gram Panchayats this was too modest.
17. Our last item of visit was a cold storage constructed and run by DRMS
LAMPS. The storage has a capacity of 5000 metric tonnes established at the cost
of Rs. 1.90 crores. Of the total cost, the contribution of LAMPS was Rs. 14.25
lakhs, the share of the State Government Rs. 66.5 lakhs, loan obtained from
NCDC Rs. 76 lakhs and subsidy from NCDC Rs. 33.25 lakhs. The entire storage
area was stacked with potato seed bags which is the agricultural product of the
area. According to LAMPS, since the 5,000 MT capacity cold storage had not
been economically viable, the NCDC had sanctioned Rs. 2.10 lakhs for adding a
second chamber for preserving local fruits and vegetables enhancing the capacity
to 6000 MT. The LAMPS expected to complete the extension work by February
2004. We were not very clear about the economics of the scheme, particularly
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because the DRMS LAMPS has asked for the sanction of a further sum of Rs. 50
lakhs for various projects being undertaken.
18. Night halt at Bankura.
19. The next day i.e. on 14 August 2003, we had meetings with the Chief
Secretary West Bengal and other State level officers as well as a meeting with the
Chief Minister West Bengal. Briefrecords of the meetings are appended.
SUMMARY RECORD OF MEETING WITH THE WEST BENGAL
STATE LEVEL OFFICERS ON 14 AUGUST 2003, KOLKATA
2. No tribal area in the State of West Bengal is a Scheduled Area. Out of its
total population of 8.04 crores, the ST population is 51.23 lacs or 6.37 percent.
According to information furnished to the Commission, a group of Mouzas has
been taken as a unit of ITDP, there being 33 project areas and one tribal pocket
(Nadia), in all 34 project areas distributed in 14 ITDP districts excluding
Kochbehar, Howrah and West Midinipur. It was pointed out on behalf of the
Commission that the original concept of ITDP was to identify in a district, blocks
having a majority of ST population aggregating them into an integrated tribal
development project or projects (ITDPs). However, that situation did not obtain
in West Bengal, where the more appropriate concepts would be modified area
development approach (MADA) and cluster approach, depending on the total ST
population in MADAIcluster pockets. In practice, we found this approach
obtaining in field in the districts of Purulia, Birbhum and Bankura that we toured.
However, we left this matter to the discretion of the West Bengal authorities.
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3. On behalf of the Commission, it was conveyed to the West Bengal
authorities that the Panchayat structure in the State was impressive, consisting as
it did of Gram Sansad and Gram Panchayats, Block Sansad and Panchayat Samiti
and Zila Sansad and Zila Parishad. In creating the Sansads at the three levels,
apparently maximum participation of the people was sought. The functions,
powers and duties of the bodies at the three tiers were wide ranging, as per the
law. The Commission members had the benefit of inter-action with the Pradhan
and members of the M~tgoda Gram Panchayat near Raipur in the district of
Bankura. It was found that, as compared to the wide-ranging duties powers and
functions assigned by law to Gram Panchayats, its activities were rather limited to
a few schemes like SGRY, lAY, construction of primary school boundary wall,
drains etc. involving an expenditure of Rs. five to six lacs per annum. It was felt
that large capacities envisaged in law should be utilized for implementation of a
range of development programmes.
4. The State Officers informed that the ST land alienation was not a big
problem in West Bengal. It was pointed out that in the districts the Commission's
Team toured, they came across complaints of landlessness among STs, even
driving them to migrate in search of work. The Land Reforms Commissioner,
Shri Prasad Roy informed that the State Government was aware of the situation
and, to an extent, the Bargadar system had ameliorated the predicament of STs.
However, other steps as may be necessary would be taken.
5. In so far as the question of rights of tribals over minor forest produce was
concerned, the Government of West Bengal had issued directions to the field
officers entitling the tribals to a certain quantum of fuel items, items for house-
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construction, items of minor forest produce and assignment of any tree in the
forest as lohar Than for prayer and worship in addition to leaves, flowers, fruits,
seeds, excepting Kendu leaves and sal seeds. But it needed a review owing to
diminishing forest area consequent on deforestation and increasing population.
The state forest policy should, inter alia, aim at increasing the forest cover
including MFP species designed to help tribals till their dependence on these
items tapers off. Secondly, forest-based industry may generate employment
among tribals, particularly in respect of MFP items. Thirdly, on the subject of
forestry, the state officers mentioned that number of forest "encroachers" was not
large. On behalf of the Commission, the State authorities were requested to
approach the matter in a sympathetic manner, in view of the fact that though the
tribal families might have been living in the forest areas for decades, they might
still not possess written documents in proof of their long standing habitation. In
fact it might be difficult to brand them as "encroachers", since full-fledged and
sympathetic enquiries are likely to prove them otherwise.
6. The low literacy percentage among tribals, particularly female literacy
percentage as low as 3 percent in certain tribal areas of the State, was brought to
the notice of the assembled officers, specifically of the Education Department.
One dichotomy which surfaced related to the duality of control over education
between the Education Department and the Backward Classes Welfare
Department of the State Government. It seemed that the subject of hostels was
being looked after by the latter, while the subject of education as such was being
handled by the Education Department. In order to disseminate education widely,
it was necessary that, in the tribal context, for reasons more than one, hostels
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should be established on a big scale. Further, on behalf of the Commission, it was
emphasized that both the questions of quantity and quality of education for tribals
should attract attention.
7. It was the observation of the Commission's Team that the tribals' access
to health systems was too limited, particularly on account of low level of
awareness, though other reasons also existed. This aspect had been repeatedly
stressed by non-officials in the field. The State Government might like to look
into all aspects of the matter closely.
8. The Commission Members apprised the State authorities that they had
scrutinized the papers of the DRMS LAMPS at Raipur. One major comment was
that in addition to three-fold functions assigned to LAMPS in the original concept
i.e. extension to tribals of production and consumption loans, purchase from them
of their surplus agricultural and forest produce and sale to them of their basic
consumer necessities, it had taken over various other activities like labour
contract jobs, deposit mobilization, construction and operation of cold storage,
vocational training, nursery etc. It appeared that the transactions on all the counts
ran into more than Rs. 3 crores. It had two implications. Firstly, that the activities
were becoming unwieldy and could soon go out of control. Secondly, not enough
accounting, engineering and administrative capacities had been built into the
system to take on the load. To the Team, accounts seemed to be in an unhealthy
condition. Not only this, but all LAMPS needed to be scrutinized closely from
an over-all perspective.
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9. During its visit to the Bengal districts, the team found that a number of
self-help groups were active. They needed to be encouraged, particularly at the
district level.
10. Representations had been received by the Team for establishing local
industries in those tribal areas where the concerned raw materials were available.
From the over-all point of view, this might appear as a very small programme, but
it could help generate livelihood for not a small number of families. The State
authorities might consider issue of directions to the district administration so that
planning could be done. through Panchayats. Adequate infra-structure, as in the
matter of communications, should find place in the programmes.
11. At least in one district Le. Bankura, the Team found that funds had been
distributed equally among the administrative units in the district. What seems to
be required is equitable distribution and not equal distribution, relative to
population, area and backwardness. In other words, backward project areas and
pockets should attract larger quantum of funds than other units. The State
Government might consider.
12. In view of the heavy responsibilities of planned development cast on the
Panchayat system, the Commissions' Team felt that the members of Panchayats
should be adequately trained so as to be equipped to handle administrative and
accounting matters properly.
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BRIEF RECORD OF DISCUSSIONS OF THE COMMISSION'S TEAM
WITH THE CHIEF MINISTER WEST BENGAL ON 14 AUGUST 2003,
KOLKATA.
2. The Commission's members thanked the Chief Minister for sparing his
valuable time for discussions with the Members of the Second Scheduled Areas
and Scheduled Tribes Commission.
3. The Chief Minister stated that Parichayats had been functioning in West
Bengal since 1978. There was no caste or class oppression in the State. Nor were
there atrocities on scheduled castes and scheduled tribes. But a lot needed to be
done on the socio-economic front. The Commission Team was of the view that
members of the Panchayats required adequate training to become equipped to
handle Panchayat affairs.
4. The Commission's members referred to the low level of literacy among
STs, the female literacy being as low as 3 percent in some areas of the district of
Purulia. The Chief Minister agreed with the members' observation and informed
that both he and the State Government were seized of the problem and were keen
to ensure wide spread of education among the scheduled tribe population through
establishment of new educational institutions, hostels and various other
appropriate measures.
5. The institution of LAMPS has been designed to serve tribals on mainly
three fronts i.e. extension of production and consumption loans, supply of
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consumer necessities and purchase from tribals of their surplus agricultural and
forest produce. During their study of DRMS LAMPS at Raipudn the district of
Bankura, the Commission members found that in addition to the aforesaid
activities, it had taken up other jobs like labour contracts, construction and
operation of cold storage, vocational training, deposit mobilization, nursery etc.
At the same time, its accounts were found to be not in order. While, genera~ly,
there could be no objection to the society undertaking worthwhile activities to
benefit tribals and the local population, on the whole it appeared that the Raipur
LAMPS was stretching its activities to practically unwieldy and uncontrollable
limits. The Chief Minister observed that he also entertained the view that OOl all
LAMPS were working well. He asked the Chief Secretary to look into the matter.
6. The members of the Commission took the opportunity of informing the
Chief Minister that they had visited Shantiniketan and had held discussions with
the Vice-Chancellor, Dr. Sujit Basu on problems of tribal development
particularly and rural development generally. Tagore's ideas on rural
development came in for special mention. The Chief Minister felt that a lot of
water had flowed under the bridge since Tagore' <; time and the problems required
modem afJp,oach. In fact, a number ofNGOs and self-help groups were working
in the field.
7. Dllring the tour of the Commission Team, there were requests for support
of tribals' cuftural activities. The Chief Minister was appreciative of the demand
and said that cultural activities were a part of the constructive approach. The
State Government's poliey was to support such activities, in conjunction with
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major thrust on the socio-economic front. Through this policy, the Government
would not allow the MCC and other affined organizations to penetrate Bengal.
He expressed the determination to drive back such forces out of Bengal, should
they venture to sneak in.
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