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Tenth Report for the Year 2014-15 NATIONAL COMMISSION FOR SCHEDULED TRIBES TENTH REPORT FOR THE YEAR 2014-15 NATIONAL COMMISSION FOR SCHEDULED TRIBES TENTH REPORT (2014-15) CONTENTS Page. No. CHAPTERS 1 ORGANISATIONAL SET-UP & FUNCTIONING OF THE 1-17 COMMISSION 2 ACTIVITIES OF THE NATIONAL COMMISSION FOR 18-136 SCHEDULED TRIBES 3 SERVICE SAFEGUARDS 137-156 4 PLANNING FOR DEVELOPMENT OF SCHEDULED TRIBES 157-172 5 ATROCITIES AGAINST SCHEDULED TRIBES 173-188 6 SUMMARY OF RECOMMENDATIONS 189-208 ANNEXURES I-XLIX NCST 10R CONTENTS NCST 10R CONTENTS CHAPTER 1 ORGANIZATIONAL SET-UP AND FUNCTIONING OF THE COMMISSION 1.1 Creation and composition of the National Commission for Scheduled Tribes 1.1.1 The National Commission for Scheduled Tribes (NCST) was established by amending Article 338 and inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 20031. By this amendment the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) the National Commission for Scheduled Castes (NCSC), and (ii) the National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004**. 1.1.2 The National Commission for Scheduled Tribes has a Chairperson, a Vice- Chairperson and three other Members. The term of office of Chairperson, Vice- Chairperson and each member is three years from the date of assumption of charge. The Chairperson has been given the rank of Union Cabinet Minister, and the Vice-Chairperson that of a Minister of State and other Members have the ranks of a Secretary to the Government of India. 1.1.3 The first National Commission for Scheduled Tribes (NCST) was constituted in March, 2004 and comprised Shri Kunwar Singh, Chairperson (who assumed office on 15.3.2004), Shri Tapir Gao, Vice-Chairperson (who assumed office on 3.3.2004), Shri Lama Lobzang, (who assumed office on 2.3.2004), Smt. Prem Bai Mandavi, (who assumed office on 4.3.2004) and Shri Buduru Srinivasulu, (who assumed office on 11.3.2004) as Members. The office of Vice- Chairperson had fallen vacant w.e.f. 31.3.2004 consequent upon resignation of Shri Tapir Gao and was vacant till 29.5.2006 on which date Shri Gajendra Singh Rajukhedi joined the office of Vice-Chairperson. While Shri Kunwar Singh, Chairperson resigned from his office on 14.2.2007 (A/N), the Members of the first Commission demitted their office in the month of March, 2007 from the date of completion of their three years tenure. Shri Gajendra Singh Rajukhedi also resigned from the office of Vice-Chairperson on 15.05.2007. 1.1.4 The second commission comprised of Smt. Urmila Singh, as Chairperson, Shri Maurice Kujur as Vice Chairperson, Shri Tsering Samphel, and Shri Oris Syiem Myriaw, as Members (Smt. Urmila Singh assumed office on 18.06.2007 and resigned on 24.01.2010 consequent upon her appointment as Governor of 1 Available under the link "http://ncst.nic.in/content/acts-amendments “on NCST website http//:ncst.nic.in **Detailed background information about the historical evolution of the erstwhile National Commission for Scheduled Caste and Scheduled Tribes has been given in Chapter-1 of the first Report of the Commission for the year 2004-05 and 2005-06. 1 NCST_10R_2014-15_CH.1_ORGANISATIONAL SET-UP & FUNCTIONING OF THE COMMISSION Himachal Pradesh), Shri Maurice Kujur, Vice Chairperson remained in office from 25.04.2008 to 24.04.2011, Shri Tsering Samphel, Member who assumed office on 14.06.2007 demitted his office on 13.06.2010. Similarly, Shri Oris Syiem Myriaw, Member, who assumed office on 17.04.2008 demitted on 16.04.2011 after completion of three-year term. 1.1.5 In the third Commission, Dr. Rameshwar Oraon, assumed office of Chairperson on 28.10.2010, Smt. K. Kamala Kumari, assumed office of Member on 21.07.2010 while Shri Bheru Lal Meena, assumed office of Member on 28.10.2010. The posts of Vice chairperson and one Member in the Commission remained vacant. Smt. K. Kamla Kumari demitted Office after completion of her three-year tenure on 20/07/2013. Similarly, after completion of their respective three year terms Dr. Rameshwar Oraon, Chairperson demitted his office on 27/10/2013 and Shri Bheru Lal Meena, Member demitted his Office on 28/10/2013 (FN). 1.1.6 Dr. Rameshwar Oraon has been re-appointed with 2nd term of three years as Chairperson, National Commission for Scheduled Tribes. Similarly, Smt. K. Kamla Kumari and Shri Bheru Lal Meena, were also re-appointed with 2nd term of three years as Members of the Commission. All of them assumed the respective Offices on 01/11/2013. Shri Ravi Thakur, MLA in Himachal Pradesh Assembly has been appointed as Vice-Chairperson of the Commission. Shri Ravi Thakur has assumed the office on 13/11/2013. However, due to sudden demise of Smt. K. Kamla Kumari on 17.7.2014 and Shri Bheru Lal Meena on 19/8/2014, three posts of Members are presently lying vacant in the Commission. 1.2 National Commission for Scheduled Tribes Chairperson, Vice- Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 1.2.1 The conditions of service and tenure of office of the Chairperson, Vice- Chairperson and other Members of the National Commission for Scheduled Tribes are governed by the National Commission for Scheduled Tribes Chairperson, Vice-Chairperson and Members (Conditions of Service and Tenure) Rules notified by the Ministry of Tribal Affairs on 20 February 2004. They are appointed for a period of 3 years from the date of assumption of charge. It has been noticed that the posts of Members remain unfilled for long duration adversely affecting the functioning of the Commission despite the fact that Ministry of Tribal Affairs, which is the Nodal Ministry is aware about the vacancies in the Commission. In view of the above it is recommended that timely action for filling the posts of Chairperson, Vice-Chairperson and Members of the Commission may be initiated so that these posts do no remain vacant after demitting the office by the above dignitaries. 1.3 Functions and Duties of the National Commission for Scheduled Tribes 1.3.1 The functions, duties and powers of the National Commission for Scheduled Tribes have been laid down in Clauses (5), (8) and (9) of the Article 2 NCST_10R_2014-15_CH.1_ORGANISATIONAL SET-UP & FUNCTIONING OF THE COMMISSION 338A of the Constitution, inserted by Constitution [Eighty-ninth Amendment] Act, 2003. Clause (5) states that it shall be the duty of the Commission: (a) to investigate and monitor all matters relating to the safeguards provided for the Scheduled Tribes under the Constitution or under any other law for the time being in force or under any order of the Government and to evaluate the working of such safeguards; (b) to inquire into specific complaints with respect to the deprivation of rights and safeguards of the Scheduled Tribes; (c) to participate and advise on the planning process of socio-economic development of the Scheduled Tribes and to evaluate the progress of their development under the Union and any State; (d) to present to the President, annually and at such other times as the Commission may deem fit, reports upon the working of those safeguards; (e) to make in such reports recommendations as to the measures that should be taken by the Union or any State for the effective implementation of those safeguards and other measures for the protection, welfare and socio-economic development of the Scheduled Tribes; and (f) to discharge such other functions in relation to the protection, welfare and development and advancement of the Scheduled Tribes as the President may, subject to the provisions of any law made by Parliament, by rule, specify. Expanded Terms of Reference of the Commission 1.3.2 The Ministry of Tribal Affairs vide Notification dated 23 August, 2005, vested the Commission to discharge some additional functions in relation to the protection, welfare, development and advancement of the Scheduled Tribes. A copy of this notification is placed at ANNEXURE-1.I 1.4 Powers of the Commission (A) Procedural Autonomy 1.4.1 Clause (4) of Article 338A of the Constitution provides that the Commission shall have the power to regulate its own procedure. The Commission accordingly notified the Rules of Procedure on 17 September 2004. These Rules define the responsibilities of the Chairperson, Vice-Chairperson and Members, and Secretary to the Commission, and further lay down that the Chairperson shall allocate subjects and responsibilities among the Members of the Commission. These Rules, inter-alia, also provide about (i) the procedure of investigation and enquiry by the Commission, (ii) frequency of meetings of the Commission, (iii) the duties of Regional Offices of the Commission, (iv) the advisory role of the Commission, and (v) monitoring functions of the Commission and its Regional Offices. 3 NCST_10R_2014-15_CH.1_ORGANISATIONAL SET-UP & FUNCTIONING OF THE COMMISSION 1.4.2 A copy of the Rules of Procedure is available2 on the website of the Commission (http//:ncst.nic.in). No changes were made to these Rules during the Report period. However, an amendment to the Rules of Procedure was made recently in order to enable the Commission to hold its meetings in absence of adequate quorum as three posts of Members in the Commission were vacant for a long time. A copy of the Notification regarding Amendment of the Rules of Procedure is placed at ANNEXURE-1.II . (B) Powers to act as a Civil Court 1.4.3 Clause (8) of Article 338A provides that the Commission shall, while investigating any matter referred to in sub-clause (a) or inquiring into any complaint referred to in sub-clause (b) of Clause (5) have all the powers of a civil court trying a suit and in particular in respect of the following: (a) summoning and enforcing the attendance of any person from any part of India and examining him on oath, (b) requiring the discovery and production of any documents, (c) receiving evidence on affidavits, (d) requisitioning any public record or copy thereof from any court or office, (e) issuing commissions for the examination of witnesses and documents, (f) any other matter which the President may, by rule, determine.
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