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NATIONAL COMMISSION FOR SCHEDULED TRIBES FIFTH REPORT FOR THE YEAR 2009-10 CONTENTS Page. No. LETTER TO PRESIDENT I-IV CHAPTERS 1 ORGANISATIONAL SET-UP & FUNCTIONING OF THE COMMISSION 1-31 1.1 Creation and composition of the National Commission for 1 Scheduled Tribes 1.2. National Commission for Scheduled Tribes Chairperson, Vice- 1 Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 1.3 Functions and Duties of the National Commission for Scheduled 2 Tribes 1.4. Powers of the Commission 4 1.5 Organizational setup of the Headquarter Office and Secretariat of 10 the Commission 1.6 Functional Activities of the Commission 14 1.7 Meetings of the Commission 16 1.8 Review Meetings 16 1.9 Presentation of the Annual Reports to the President of India and 17 laying of the Reports in Parliament 1.10. Compliance of the RTI Act, 2005 20 1.11. Representation in Court Cases 20 1.12. Computerized Monitoring System 21 1.13. Virtual Library of the Commission: 24 1.14. Progress of disposal of receipts/ petitions/ cases in the 24 Commission. 1.15. Functioning of the Regional Offices of the Commission 25 1.16 Submission to the Parliamentary Committee on the Welfare of 30 Scheduled Castes and Scheduled Tribes. 2 PLANNING AND DEVELOPMENT FOR SCHEDULED TRIBES 32-66 2.1 General 32 2.2 Demography 32 2.3 Constitutional Provisions for socio-economic development & 33 Planning for Scheduled Tribes 2.4 Dynamics of Tribal Development Strategy 33 2.5 The Tribal Sub-Plan strategy 34 2.6. Review of TSP strategy and TSP Guidelines 40 2.7. Role of the National Commission for Scheduled Tribes in 44 Planning for Tribal Development. 2.8 Observations on implementation of TSP of States and UTs 45 2.9 Recommendations w.r.t. TSP of States/ UTs 55 2.10 Tribal Sub-Plan of Central Ministries 56 2.11 Observations and recommendations of the NCST 64 i 3 EFFECTIVENESS OF MGNREGA FOR SCHEDULED TRIBES 67-91 3.1 Introduction 67 3.2. Objectives 67 3.3 Salient Features of the Act 68 3.4 Amendments in the Act 69 3.5 Organisational Structure 73 3.6 Funding of the Scheme 74 3.7 Implementation 75 3.8 Impact 77 3.9 Monitoring and Evaluation of the Scheme 78 3.10 New Initiatives 80 3.11 Audit by CAG 82 3.12 Observations of CAG 83 3.13 Conclusion by CAG 83 3.14 Effectiveness of MGNREGA in Scheduled Areas 84 3.15 Areas of Concern. 85 3.16 Views/Comments of the Ministry of Rural Development 86 3.17 Meeting with the Ministry of Rural Development 88 3.18 Recommendations. 90 4 SERVICE SAFEGUARDS 92-116 4.1 Constitutional Provisions 92 4.2. Constitutional validity of the amendments 93 4.3. Own merit appointments 95 4.4. Cadre strength- Direct Recruitment and Promotion-adjustments 95 4.5. Reservation in promotion and Zone of Consideration 95 4.6 Grant of reservation to migrant SCs/ STs in civil posts under the 97 Government of NCT of Delhi. 4.7 Important OMs issued by DoPT during 2009-10 98 4.8 Representation of Scheduled Tribes in public services 99 4.9 Key Issues requiring urgent attention regarding implementation of 108 reservation policy. 4.10 Dereservation 111 4.11 Ban on Dereservation in Direct Recruitment 111 4.12 Procedure for Dereservation of posts to be filled by promotion 111 4.13 Examination of dereservation proposals 113 4.14 Recommendations. 115 5. ATROCITIES AGAINST SCHEDULED TRIBES 117-130 5.1 Constitutional and Legal Rights of Scheduled Tribes 117 5.2 Mandate of the Commission and Atrocities on Scheduled Tribes 119 ii 5.3 Procedure adopted by Commission in dealing with atrocity-related 119 complaints 5.4 Analysis of complaints received in the Commission 119 5.5 Crime head-wise analysis of Crimes against Scheduled Tribes 122 5.6 State-wise incidence of crimes against Scheduled Tribes 124 5.7 Disposal of Cases by Police during 2008 124 5.8 Disposal of Cases by Courts during 2008 125 5.9 Performance by Special Courts setup for trial of offences under 126 PoA Act. 5.10 Disposal by Courts of persons arrested/ chargesheeted by Police 126 5.11 Assurance of safeguards provided under PoA Act to ST persons 127 migrated to other states 5.12 General Recommendations 128 6 CASE STUDIES 131-153 6.1. Approach and Methodology 131 6.2. Grievances pertaining to Service matters 131 6.3. Grievances pertaining to Development matters 142 6.4. Grievances pertaining to atrocities against Scheduled Tribes. 147 7 CONSULTATION ON POLICY RELATED ISSUES 154-193 7.1 Constitutional provision 154 7.2 Procedure adopted by Commission in dealing with policy related 154 issues 7.3 Views of the National Commission for Scheduled Tribes on policy- 155 related issues 7.4 Views on Proposals received from the Central and the State 155 Governments pursuant to Clause 9 of Article 338A of the Constitution 7.5 Suo-moto recommendation made by the National Commission for 184 Scheduled Tribes. 7.6 Submissions made in Court cases 188 8 SUMMARY OF RECOMMENDATIONS 194-207 Ch.1 Organizational Set-up & Functioning of the Commission 194 Ch.2 Planning and Development for Scheduled Tribes 196 Ch.3 Effectiveness of MGNREGA for Scheduled Tribes 198 Ch.4 Service Safeguards 199 Ch.5 Atrocities on Scheduled Tribes 204 Ch.7 Consultation on Policy Related Issues 207 ANNEXURES 208-310 iii CONTENTS OF ANNEXURES S. CHAPTER AND SUBJECT REF. PAGE No. ANNEXURE No. PARA No. No. CHAPTER 1 - ORGANISATIONAL SET-UP AND FUNCTIONING OF THE COMMISSION 1. ANNEXURE 1.I Copy of Ministry of Tribal Affairs Notification 1.2.2 208 dated 11th September, 2008 regarding amendment of National Commission for Scheduled Tribes Chairperson, Vice- Chairperson and Members (Conditions of Service and Tenure) Rules, 2004 2. ANNEXURE 1.II Copy of Ministry of Tribal Affairs notification 1.3.3 209 dated 23.08.2005 regarding extended terms of reference for National Commission for Scheduled Tribes 3. ANNEXURE 1.III Copy of order dated 05.02.1996 of Ministry of 1.4.6 210- Welfare regarding grant of power of dept. of 211 Central Govt. to National Commission for Scheduled Castes and Scheduled Tribes. 4. ANNEXURE 1.IV Department of Personnel & Training 1.4.10 212 O.M.No.36036/2/97- Estt. (Res.) dated 1 January, 1998 5. ANNEXURE 1.V Organizational Chart of National Commission 1.5.1 213 for Scheduled Tribes 6. ANNEXURE 1.VI Work distribution among 4 Research Unit 1.5.1 214- 215 7. ANNEXURE 1.VII Order dated 29/04/2008 specifying work 1.5.2 216- among each Member of Commission, which 207 remained in force during the report period 8. ANNEXURE 1.VIII NCST letter dated 21/10/2009 to MTA 1.5.7 218 furnishing detailed proposal for strengthening of NCST. 9. ANNEXURE 1.IX DO letter dated 13/01/2011 from Chairperson, 1.5.8 219- NCST to the Minister for Tribal Affairs 220 10. ANNEXURE 1.X UO dated 24/05/2010 from PMO to Ministry of 1.5.8 221 Tribal Affairs regarding action to be taken on 1.9.4 important pending issues 11. ANNEXURE 1.XI Visits by Members 1.8.5 222- 226 12. ANNEXURE 1.XII Do letter dated 05/03/2010 from VC, NCST to 1.9.3 227 Minister for Tribal Affairs for resolving critical issues involved in efficient performance of the NCST. 13. ANNEXURE 1.XIII Brief of Court Cases 1.11.1 228- 232 14. ANNEXURE 1.XIV Disposal/ Pendency of files 1.12.6 233 15. ANNEXURE 1.XV Disposal of receipts 1.12.6 234 CHAPTER 2 - PLANNING AND DEVELOPMENT FOR SCHEDULED TRIBES 16. ANNEXURE 2.I State/UT-wise population of Scheduled Tribes 2.2.1 235- and their percentage to the total population in 236 the respective State/ UT and to the total ST iv population in the country, as per Census 2001 17. ANNEXURE 2.II Integrated Tribal Development Projects/ 2.5.10 237 Agency (ITDPs/ ITDAs), Modified Area Development Approach (MADA) pockets, Cluster and Particularly Vulnerable Tribal Groups (PTGs) in Tribal Sub-Plan area and States having Scheduled Areas and Tribes Advisory Council 18. ANNEXURE 2.III TSP Outlay/ Expenditure during Eleventh Five 2.5.14 238 Year Plan 2007-08, 2008-09, and 2009-10 19. ANNEXURE 2.IV Planning Commission D.O. No. 13011/3/ 2.6.2 239- 2005-SP-Co dated 31/10/2005 containing 242 consolidated guidelines on TSP of States. 20. ANNEXURE 2.V Planning Commission DO letter No. 2.6.2 243- SCSP&TSP/MLP/SP-E/LEM & dated 247 26/12/2006 to the Central Ministries/ Departments containing revised guidelines on TSP. 21. ANNEXURE 2.VI Secretary, Planning Commission D.O. letter 2.10.4 248- dated 26/10/2009 addressed to Secretaries of 251 Central Ministries/ Departments regarding formulation, implementation and monitoring of SCSP and TSP. 22. ANNEXURE 2.VII Detailed Criteria for Classification of Plan 2.10.20 252- Expenditure under SCSP & TSP, With 253 reference to some Major Schemes recommended by Task Force. 23. ANNEXURE 2.VIII Ministry/ Schemes-wise Proposed Earmarking 2.10.20 254- of Plan Outlays under TSP for 2011-12 255 CHAPTER 3 - EFFECTIVENESS OF MGNREGA FOR SCHEDULED TRIBES 24. ANNEXURE 3.I Performance of Audit Report in respect of 3.11.2 256- Salient status. 263 CHAPTER 4 - SERVICE SAFEGUARDS 25. ANNEXURE 4.I DoPT OM No. 3602012/2007-Estt (Res) dated 4.12.3 264- 07/12/2009 regarding revised instruction….
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  • Name- Prof. Moyna Chakravarty Designation- Professor S.O.S. in Anthropology, Pt. Ravishankar Shukla University, Raipur(C.G) A

    Name- Prof. Moyna Chakravarty Designation- Professor S.O.S. in Anthropology, Pt. Ravishankar Shukla University, Raipur(C.G) A

    Name- Prof. Moyna Chakravarty Designation- Professor S.O.S. in Anthropology, Pt. Ravishankar Shukla University, Raipur(C.G) Address- School of studies In Anthropology Pt. Ravishankar Shukla University, Raipur(C.G) Residential Address- Smt.Moyna Chakravarty Deendayal Upadhyay Nagar Kanchan Ganga Phase-II ( Raipur) Mobile No.- 9425541872 Email- [email protected] Date of birth- 29.2.1956 Area of Specialization- Biological Anthropology Teaching Experience: 25 years Research Experience: 29 Years List of Publications Singrol, C. S., Datta, U., Guha, M., Roy, M. and Mitra, M. (1985): Finger Dermatoglyphics of Cancer Patients. Adivasi XXXIV 3 and 4, pp 25-30. Roy, M., Mitra, M. and Guha, M. (1986): Palmer Dermatoglyphics of Telis of Chhattisgarh. Bionature. 6: 2 pp 99-100. Chakravarty, M., Mitra, M. and Singhrol, C. S. (1988): Finger Dermatoglyphic study of Rawats and Telis of Chhattisgarh. Jour of Ravishankar Shukla Univ. 1: 1: 1-10 Chakravarty, M. and Singhrol, C. S. (1988): Problems of Tribal Education- A key to development. Man and Life. 14:374: 91-96. Roy, M., Datta, U., Mitra, M. and Singhrol, C, S. (1990): Genetic distance and gene diversity among ten endogamous groups in Chhattisgarh. Central India. International Journal of Anthropology. 5: 2: 109-115. Chakravarty, M. and Singhrol, C. S. (1990): C Line Termination in Rawats and Telis of Chhattisgarh. Journal of Ravishankar Shukla University 3:8 (B): 1-7. Chakravarty, M. and Singhrol, C. S. (1992): Frequency of patterns on the plantar configurational areas of distal sole among Telis of Chhattisgarh. Journal of Ravishankar University: 4-5 (B): 1-9 Urade, B. and Chakravarty, M.