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National Commission for Scheduled Tribes NATIONAL COMMISSION FOR SCHEDULED TRIBES SECOND REPORT FOR THE YEAR 2006-07 CONTENTS No. CHAPTER Page. No. 1 ORGANISATIONAL SET-UP & FUNCTIONING OF THE COMMISSION 1-13 1.1 Creation of the National Commission for Scheduled Tribes 1 1.2 Powers of the Commission 3 1.3 Organizational Set -up of t he Secretariat of the Commission 4 1.4 Staffing position at the Hqrs. of the Commission 4 1.5 Regional Offices of the Commission and their jurisdiction 5 1.6 Meetings of the Commission 6 1.7 Review meetings held by the Commission 9 1.8 Laying of the Commission's Reports in Parliament 11 1.9 New Initiatives 12 1.10 Progress of disposal of petitions/ cases 13 2 SERVICE SAFEGUARDS 14-36 2.1 Constitutional Provisions 14 2.2 Constitutional validity of the amen dments made in Article 15 16(4) and 335 upheld by Hon'ble Supreme Court. 2.3 Reservation in promotion by selection within Group 'A' 17 2.4 Separate zone of consideration for SCs/ STs in promotion by 19 selection 2.5 Calculation of vacancies reser ved for SCs/ STs/ OBCs in each 24 mode of recruitment 2.6 Percentage of reservation for STs in case of direct recruitment 26 in Group 'C' & 'D' posts on local/ regional basis in respect of State of Goa 2.7.1 Representation of STs in Central Ministries/ Departments 26 2.7.2 Representation of STs in Central Public Sector Enterprises 27 2.7.3 Representation of STs in different Cadres of Public Sector 28 Banks 2.7.4 Representation of STs in Group 'A', 'B', 'C' & 'D' posts in Public 31 Sector Insurance Companies 2.7.5 Representation of STs in Teaching & Non-Teaching posts in 34 Central Universities 3 SPECIFICATION OF COMMUNITIES AS SCHEDULED TRIBES AND 37- 51 SUBSEQUENT REVISION OF THE LISTs OF SCHEDULED TRIBES 3.1 Definition of Scheduled Tribes 37 3.2 Criteria for specification of a community as a Scheduled Tribe 37 3.3 Procedure for inclusion in or exclusion of the list of Scheduled 37 Tribes 3.4 Constitution (Scheduled Tribes) Orders issued under Clause 38 (1) of the Article 342 of the Constitution of India. 3.5 Modifications/ amendments made in some of the original 41 Constitution (Scheduled Tribes) Order issued under Clause (1) of Article 342 of the Constitution. 3.6 Amendments proposed to be made in Part-I of the Schedule 44 to Constitution (Scheduled Tribes) (Union Territories) Order, 1951 I 3.7 Tribal population 44 3.8 Delimitation of Parliamentary and Assembly constituencies 45 due to change in the ST population on account of scheduling or de-scheduling of communities as ST in a State. 3.9 Benefits of reservation in services and in admission to ST 48 children on migration of their parents due to resettlement resulting from displacement, and reorganization of the States. 3.10 SCs/ STs irrespective of their State of origin to get reservation 51 in civil posts in UTs. 4 DEVELOPMENT OF PRIMITIVE TRIBAL GROUPS (PTGs) 52-87 4.1 Introduction 52 4.2 Andhra Pradesh 53 4.3 Bihar 55 4.4 Chhattisgarh 58 4.5 Gujarat 59 4.6 Jharkhand 61 4.7 Karnataka 63 4. 8 Kerala 66 4.9 Madhya Pradesh 68 4.10 Maharashtra 69 4.11 Manipur 70 4.12 Orissa 71 4.13 Rajasthan 72 4.14 Tamil Nadu 74 4.15 Tripura 75 4.16 Uttarakhand 77 4.17 West Bengal 78 4.18 Andaman & Nicobar Islands 79 4.19 General Recommen dations 85 5. EDUCATIONAL DEVELOPMENT OF SCHEDULED TRIBES 88-104 5.1 Introduction 88 5.2 Andhra Pradesh 89 5.3 Chhattisgarh 92 5.4 Himachal Pradesh 93 5.5 Karnataka 95 5.6 Madhya Pradesh 97 5.7 Manipur 98 5.8 Orissa 99 5.9 Rajastha n 101 5.10 Sikkim 102 5.11 Uttar Pradesh 103 5.12 West Bengal 103 6 HEALTH & NUTRITION 105-120 6.1 Introduction 105 6.2 Andhra Pradesh 106 6.3 Chhattisgarh 109 II 6.4 Himachal Pradesh 113 6.5 Karnataka 11 4 6.6 Manipur 11 5 6.7 Oriss a 11 6 6.8 Rajasthan 11 8 6.9 Sikkim 119 6.10 West Bengal 120 7 LAND ALIENATION 121-136 7.1 Introduction 121 7.2 Andhra Pradesh 122 7.3 Chhattisgarh 124 7.4 Himachal Pradesh 125 7.5 Karnataka 126 7.6 Maharashtra 128 7.7 Manipur 129 7.8 Orissa 130 7.9 Sikkim 133 7.10 Uttar Pradesh 135 7.11 West Bengal 135 8. CASE STUDIES 137-157 8.1 Approach and Methodology 137 8.2 Cases pertaining to Service Matters 138 8.3 Cases pertaining to Developmental Matters 152 8.4 Cases pertaining to Atrocities 155 9. SUMMARY OF RECOMMENDATIONS 158-171 Ch.1 Organizational Set -up & Functioning of the Commission 158 Ch.2 Service Safeguards 158 Ch.3 Specification of Communities as Scheduled Tribes and 160 Subsequent Revision of the lists of Scheduled Tribes Ch.4 Development Of Primitive Tribal Groups (PTGs) 161 Ch.5 Educational Development of Scheduled Tribes 164 Ch.6 Health & Nutrition 166 Ch.7 Land Alienation 171 ANNEXES 172-267 Ch.1 Annex 1.I to 1. IV 172 -176 Ch.2 Annex 2.I to 2.III 177 -185 Ch.3 Annex 3.I to 3.XVII 186 -243 Ch.4 Annex 4.I 244 -245 Ch.5 Annex 5.I 246 -255 Ch.6 Annex 6.I 256-262 Ch.7 Annex 7.I 263-267 III CHAPTER 1 ORGANIZATIONAL SET-UP AND FUNCTIONING OF THE COMMISSION 1.1 Creation of National Commission for Scheduled Tribes 1.1.1 The National Commission for Scheduled Tribes (NCST) has been created by amending Article 338 and by inserting a new Article 338A in the Constitution through the Constitution (89th Amendment) Act, 2003. By this amendment, the erstwhile National Commission for Scheduled Castes and Scheduled Tribes was replaced by two separate Commissions namely- (i) National Commission for Scheduled Castes (NCSC), and (ii) National Commission for Scheduled Tribes (NCST) w.e.f. 19 February, 2004 . The National Commission for Scheduled Tribes consists of a Chairperson, Vice-Chairperson and three other Members. 1.1.2 A detailed report on the historical evolution of the Commission has been given in Chapter-1 of the first Report of the Commission for the year 2004- 05 and 2005-06. A Special Officer known as Commissioner for Scheduled Castes and Scheduled Tribes was appointed for the first time under Article 338 of the Constitution on 18 November, 1950 to investigate all matters relating to the safeguards provided for SCs & STs in the Constitution of India. A multi-member Commission for Scheduled Castes and Scheduled Tribes was created vide the Ministry of Home Affairs' Resolution No.13013/9/77-SCT (1) dated 21 July, 1978 which was re-named as the National Commission for Scheduled Castes and Scheduled Tribes vide the Ministry of Welfare's Notification No.BC-13015/12/86- SCD.VI dated 1 September, 1987. The Notification dated 1 September, 1987 also defined the functions of the National Commission for SCs & STs with a view to avoid any overlapping of the functions of the Special Officer/Commissioner for SCs & STs; and provided that the Commission will be a national level advisory body to advise on broad issues of policy and levels of development of Scheduled Castes and Scheduled Tribes and submit Reports to the Central Government. 1.1.3 Article 338 of the Constitution was amended for the first time in June, 1990 vide the Constitution (65th Amendment) Act, 1990 to provide a constitutional mandate for the National Commission for Scheduled Castes and Scheduled Tribes. The Act was given effect from 12 March, 1992 and from this date, the Office of the Commissioner for Scheduled Castes and Scheduled Tribes was abolished. Copies of (i) the Ministry of Home Affairs' Resolution No.13013/77-SCT (1) dated 21 July, 1978, (ii) the Ministry of Welfare's Notification No.BC-13015/12/86-SCD.VI dated 1 September, 1987, (iii) Constitution (65th Amendment) Act, 1990, and (iv) the Constitution (89th Amendment) Act, 2003 have been given as Annexes. I, II, III & IV respectively at the end of Chapter-1 of the first Report of the Commission. 1.1.4 The first National Commission for Scheduled Tribes (NCST) was constituted in March, 2004 and comprised Shri Kunwar Singh, as Chairperson (who assumed office on 15.3.2004), Shri Tapir Gao, as Vice-Chairperson (who assumed office on 3.3.2004), Shri Lama Lobzang, (who assumed office on 1 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. Consequent upon the resignation of Shri Tapir Gao, Shri Gajendra Singh Rajukhedi joined the office of Vice-Chairperson. Shri Kunwar Singh, Chairperson resigned from his office on 14.2.2007 (A/N). The Members of the first Commission demitted their offices 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. 1.1.5 The second Commission comprises Smt. Urmila Singh, Chairperson, (who assumed office on 18.06.2007), Shri Maurice Kujur, Vice Chairperson (who assumed office on 25.04.2008), Shri Tsering Samphel, Member (who assumed office on 14.06.2007)and Shri Oris Syiem Myriaw, Member (who assumed office on 17.04.2008). The office of the third Member is presently vacant. Functions and Duties of the Commission 1.1.6 The functions and duties of the National Commission for Scheduled Tribes have been laid down in Clause (5) of the Article 338A of the Constitution.
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