THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) BILL, 2015 By
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1 AS INTRODUCED IN LOK SABHA Bill No. 295 of 2015 THE CONSTITUTION (SCHEDULED TRIBES) ORDER (AMENDMENT) BILL, 2015 By SHRI NINONG ERING, M.P. A BILL further to amend the Constitution (Scheduled Tribes) Order, 1950. BE it enacted by Parliament in the Sixty-sixth Year of the Republic of India as follows:— 1. (1) This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Short title and Act, 2015. commencement. 5 (2) It shall come into force on such date, as the Central Government may, by notification in the Official Gazette, appoint. 2 Amendment of 2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part XVIII.— the Schedule. Arunachal Pradesh,— (i) after entry 3, the following entry shall be inserted, namely:— "3A. Nocte"; (ii) after entry 14, the following entries shall be inserted, namely:— 5 "14A. Tangsa 14B. Tutcha"; and (iii) after entry 16, the following entries shall be inserted, namely:— "17. Wangchoo 18. Yobin". 10 STATEMENT OF OBJECTS AND REASONS Article 366(25) of the Constitution defines Scheduled Tribes as "such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under article 342 to be scheduled Tribes for the purposes of this Constitution". In pursuance of article 342 of the Constitution, the first list of Scheduled Tribes in respect of the State of Arunachal Pradesh (the then in State of Assam) was notified vide the Constitution (Scheduled Tribes) Order, 1950. The list of the Scheduled Tribes of the State of Arunachal Pradesh have been modified through the Scheduled Castes and Scheduled Tribes Lists (Modification) Order, 1956 and by the State of Arunachal Pradesh Act, 1986 and the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002. At present, there are sixteen communities and synonyms appearing in respect of the list of Scheduled Tribes in the State of Arunachal Pradesh. At present, there are five tribes known as other Naga tribes who do not have any identity in the Constitution. Therefore, they do not enjoy the benefits of reservation as applicable to other Scheduled Tribes. The tribes are 'Tangsa', 'Nocte', 'Tutcha', 'Wangchoo' and 'Yobin' of Tirap, Changlang and Longding districts of State of Arunachal Pradesh. Hence, it is important that these tribes may be recognized and listed as the Scheduled Tribes in respect of the State of Arunachal Pradesh. The Bill seeks to achieve the aforesaid objectives. NEW DELHI; NINONG ERING November 13, 2015. 3 FINANCIAL MEMORANDUM Clause 2 of the Bill seeks to include Yobin, Nocte, Tangsa, Tutcha and Wangchoo tribes in the list of Scheduled Tribes in respect of the State of Arunachal Pradesh. The Bill, therefore, if enacted, would involve additional recurring expenditure from the Consolidated Fund of India on account of benefits to be provided to the persons belonging to these tribes under ongoing schemes meant for the development and welfare of the Scheduled Tribes. At this stage, it is not possible to give the exact amount to be incurred on this account. However, it is expected that a recurring expenditure of about rupees two hundred crore will be involved annually. No non-recurring expenditure is likely to be involved. 4 ANNEXURE EXTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950 C.O. 22 * * * * * * The Schedule * * * * * * PART XVIII.—Arunachal Pradesh * * * * * * 4. Nyishi * * * * * * 14. Tagin * * * * * * 16. Adi * * * * * * 5 LOK SABHA ———— A BILL further to amend the Constitution (Scheduled Tribes) Order, 1950. ———— (Shri Ninong Ering, M.P.) GMGIPMRND—2918LS(S3)—04-12-2015..