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Functioning of Autonomous Councils in Sixth Schedule Areas of North

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Functioning of Autonomous Councils in Sixth Schedule Areas of North Functioning of Autonomous Councils in SixthScheduleAreasofNorthEasternStates PREFACE SandeepChachra ExecutiveDirector ActionAidIndia I ACKNOWLEDGMENTS iii iv CHAPTERI INTRODUCTION 01 02 03 CHAPTER-II ADMINISTRATIVE STRUCTURE 2.1TypesofAutonomouscouncilsintheNorthEasternStates TherearetwotypesofAutonomouscouncilsinNorthEastIndiaintermsofthestatusgrantedbytheCentral and State Government. In the rst category, are the Autonomous District Councils established by the CentralgovernmentundertheSixthscheduleoftheConstitution,whilethesecondcategoryconsistsofthe AutonomousDistrictCouncilestablishedbytheStateLegislature. TheADCsgrantedbytheStateLegislaturedonotenjoytheprovisionsundertheSixthSchedule(Reportof the High Level Committee on the Socio-Economic, Health and Educational Status of the Tribal CommunitiesofIndia,MinistryofTribalAairs,2014).ThelistofADCsundertheSixthScheduleis: State AutonomousDistrictCouncils/YearofFormation BodolandTerritorialCouncil(BTC)/2003 Assam KarbiAnglongAutonomousCouncil(KAAC)/1951;1976 DimaHasaoDistrictAutonomousCouncil(DHDAC)1951;1970;2014 KhasiHillsAutonomousDistrictCouncil(KHADC)/1972 Meghalaya GaroHillsAutonomousDistrictCouncil(GHADC)/1972 JaintiaHillsAutonomousDistrictCouncil(JHADC)/1972 Tripura TripuraTribalAreasAutonomousDistrictCouncil(TTAADC)/1982 ChakmaAutonomousDistrictCouncil(CADC)/1987 Mizoram MaraAutonomousDistrictCouncil(MADC)/1987 LaiAutonomousDistrictCouncil(LADC)/1987 Ontheotherhand,theadministrativestructureoperationalintheotherthreeNorthEasternStateswithmajority tribalpopulationareasfollows: State AdministrativeStructure ArunachalPradesh PanchayatiRajInstitutions Manipur HillVillageAuthorityActandManipurHillAreasDistrictCouncil Nagaland VillageCouncils 2.2StructureofStatutoryAutonomousCouncils StatutoryAutonomousCouncilsarethoseCouncilsthatareestablishedbytheStatesthroughActspassedbytheState LegislativeAssembly.ThestateofAssamandManipurhasStatutoryAutonomousDistrictCouncils.TheStatutory AutonomousDistrictCouncilsofAssamaregovernedequallyunderthreeauthoritieswhicharetheCouncil,theState DepartmentsandthePanchayatiRajInstitution.ThecommunitiesundertheseStatutoryAutonomousCouncilsare listedbelow: State StatutoryAutonomousCouncils RabhaHasongAutonomousCouncil(RHAC) Assam Lalung(TIWA)AutonomousCouncil(LAC) 04 MissingAutonomusCouncil(MAC) ThengalKachoriHillAutonomousCouncil(TKHAC) SonowalKachariAutonomousCouncil(SKAC) DeoriAutonomousCouncil(DAC) ChandelAutonomousDistrictCouncil ChurachandpurAutonomousDistrictCouncil SadarHillsAutonomousDistrictCouncil,Kangpokpi Manipur ManipurNorthAutonomousdistrictcouncil,Senapati TamenglongAutonomousDistrictCouncil UkhrulAutonomousDistrictCouncil 2.3StructureofAutonomousCouncil Autonomous Council GeneralCouncil VillageCouncil Executive Council TheAutonomousCouncilsareconstitutedwithaGeneralCouncil,anExecutiveCouncilandtheVillageCouncilsatthe grassrootslevel.ThetermoftheGeneralcouncilisforaperiodof5yearsandconsistsof40membersoutofwhich36 shallbedirectlyelectedbythepeopleresidingwithinthecouncilareaandtheremaining4arenominatedbythe Government.TheGeneralCouncilhasExecutivePowersinthecouncilareaonvarioussubjects. TheExecutiveCouncilisthatbodyoftheAutonomousCouncilwhichisresponsiblefortheExecutionorcarryingout thefunctionsoftheGeneralCouncil.TheExecutivebodyconsistsofChiefExecutiveCouncilorandtheExecutive CouncilorswhoareelectedbythemembersoftheGeneralCouncil. Finally,thethirdlevelistheVillageCouncilsestablishedatthegrassrootslevel,whichconsistof10memberswhoare directlyelectedbythepeoplewithintheAutonomousCouncil(Dewri.D&Ahmed,A,2015). 05 CHAPTER-III HISTORICAL DEVELOPMENT OF THE AUTONOMOUS COUNCILS A.Meghalaya ThepresentstateofMeghalayawasapartofthetribalareadenedundertheSixthScheduleofthelargerstateof Assam.TheBritishCabinetMissionvisitedIndiapriortoindependence,whichencouragedtheformationofAdvisory CommitteeforeectiveandappropriatemanagementoftheTribalAreas.Thustherecommendationsmadebythe AdvisoryCommitteewasappreciatedandtakenforwardtoformtheSubCommittee.Thereportsubmittedbythe CommitteeandproposalsmadewerecarriedbytheConstituentAssembly,whichgaverisetodebateandarguments. ConsiderableoppositioncamefromprominentpeoplelikeShriKuladharChalihawherehesaidthatthisstepofgiving autonomouscouncilstodierenttribeswithinthestatewouldonlydividethepeople.However,thediscussioncame toanendwiththeformationofAutonomousDistrictCouncilsinthedistrictofGaroHills,KhasiandJaintiaHills,Mikir Hills,NorthCacharHillsandLushaiHillsofthelargerstateofthethenAssam(MeghalayaStateDevelopmentReport). InspiteoftheformationoftheAutonomousDistrictCouncils,thepeopleofthehillsaftertwoyearsfeltthatthe provisionsundertheSixthSchedulewasnotsucientenoughtomeettheaspirationsandsafeguardtheidentityand aairsofthepeople.Thusintheyear1954theleadersofalltheAutonomousDistrictCouncilscameuptogetherin ShillongandraisedthedemandofaseparatehillstateunderthebannerofEasternIndianTribalUnion,whichwasalso themajorissueinthe1957GeneralElections.1 TheMeghalayaAutonomousStateBillwaspassedbybothHousesoftheParliamenton24thDecember1969.This gaverisetotheAutonomousStateofMeghalayawithinthestateofAssaminauguratedbythethenPrimeMinister ShrimatiIndiraGandhion2ndApril1970.HereagainitwasfoundthattheAutonomousStatewithinAssamcouldnot functioneciently,hencetheMeghalayaLegislativeAssemblynallyraisedthedemandforfullstatehood.On10th November1970IndiraGandhiannouncedfullstatehoodtotheAutonomousStateofMeghalaya,andtheParliament passedtheNorthEasternAreas(Re-organisation)Act,awardingfullstatehoodtoMeghalayaon30thDecember1971. MeghalayaistheonlyStateinNorthEastIndiawheretheAutonomousDistrictCouncilscovertheentirepopulationof thestate,thuscriticsareskepticalabouttherelevanceofAutonomousDistrictCouncilsinMeghalaya. Historically,themajortribesofMeghalayaaretheKhasis,theJaintiasandtheGaros.Thesetribeshavetheirtradition systemofgovernanceandsetofrulesandnormswhichguidestheactionsofthepeopleoftheirtribesrespectively. 3.2TraditionalStructureofthetribes 3.2.1TheJaintias TheJaintiashadacomparativelydevelopedstructureofpoliticalgovernancewheretheRaja(locallycalledsyiem) controlledthelargetractsofland,whichwasdividedintoElakasorRaidsunderaDoloi,eachelakaconsistingofa numberofvillagesunderaVillageHeadmen.HenceitisathreetiersystemofCouncilsorDorbar,therstbeingthe Raj dorbaror HimaDorbarof the Raja (or Syiem), the DorbarElakaof the Doloiand the DorbarChnongat the Wahehchnonglevel(ofwhichalladultmalesofthevillageweremembers).2 3.2.2TheGaros ThetraditionalGarostructureisslightlylessdeveloped.TheGarohillsweredividedintoanumberofakhings,roughly correspondingtoavillageoragroupofvillagesundernokmas,whoregulatedthepolitical,socialandeconomiclifeof theakhings.Thenokmadischargedhisfunctionswiththecommonconsentoftheakhingelders,organizedintohis Councilordorbar.Someofthevillageshadgaonburas(villageelderorheadmen),whiletheLaskarheadedanumberof villages. http://megplanning.gov.in/MSDR/historical_perspective.pdf https://socialissuesindia.les.wordpress.com/2012/10/sixthschedule.pdf 06 3.2.3TheKhasis ThetraditionalsystemoftheKhasis,liketheJaintias,functionedatthreedierentlevels.TheKhasihillsweredivided roughlyintotwentyvestates,eachunderanelectedruler,theSyiem.TheKhasiSyiemsweremoreinuentialand betterorganizedcomparedtotheDoloisofJaintiaHillsandtheGaroNokmas.AdministrativestructureofADCsin Meghalaya: S.No. DistrictCouncilName RevenueDistrict StructureofElectedBody EastKhasiHillsDist. KhasiHills 30(29Elected+1nominated) 1. WestKhasiHillsDist. Autonomous CEM+5EM DistrictCouncil Ri-BhoiDist. WestGaroHillsDist. GaroHills 30(26Elected+4nominated) 2. EastGaroHillsDist. Autonomous CEM+5EM DistrictCouncil SouthGaroHillsDist. 19(16elected+3nominated) 3. JaintiaHillsADC JaintiaHillsDist. CEM+5EM 3.3ADCsinMeghalaya-DevelopmentindexesinADCsofMeghalaya: Autonomous TotalPopulation SexRatio Averageliteracy Council Districts 2011 2001 2011 2001 2011 2001 K hasiCouncil Westkhasihill 383,461 296,049 980 968 77.87 65.10 EastKhasihill 825,922 66 0,923 1011 981 84.15 76.07 Ri-bhoi 258,840 192,790 953 941 75.67 65.73 JaintiaHillsCouncil Jaintiahills 395,124 299 ,108 1013 996 61.64 51.87 Ga roCouncil WestGaroHills 643,291 51 8,390 984 968 67.58 50.69 EastGaroHills 317,917 25 0,582 972 966 73.95 60.59 SouthGaroHills 142,334 10 0,980 945 942 71.72 54.45 Source:http://tribal.nic.in/WriteReadData/userles/le/Statistics/StatisticalProleofSTs2013.pdf ThestatehasrecordedanimpressivegrowthinAverageliteracyrateandSexratiointhepastdecade. The ADCs in Meghalaya have been successful to quite an extent, as compared to ADCs in the other regions in protectingtribalrights,righttooccupation,andrighttoownershipofpropertyandlandtenuresystem.Therightto ownershipoflandunderthejurisdictionofADCstoanynon-tribalcannotbegranted. However,theADCsfacechallengesintermsofthetreatmentmetedouttothembytheStategovernment,indealing withmattersfortheprovisionofgrants,approvalofthelegislativeproposalswhichinawayreectsthesuppressionof ADCs by the State government functioning mechanism. There has been a tug of war between the Meghalaya governmentandthethreeADCsoverParagraph12AoftheSixthSchedule.ThemembersoftheADCsinMeghalaya showeddisapprovalanddiscontentment,withtheinsertionofPara12A,whichstatesthatalllegislationspassedbythe Stategovernmentshalltakeprecedenceoverthosepassedbythecouncils. In terms of Human Development Index Meghalaya has been ranked 7th among the eight North Eastern states. Meghalaya'srstHDIreportwaspublishedintheyear2009whichwastheonlyreportwhichindicatedthestatusofthe state,howeveritwasconsideredasanincompletereport.3 3http://meghalayatimes.info/index.php/front-page/11154-meghalaya-ranks-all-india-26th-and-7th-in-ne-in-hdi
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