19.5 The Commission makes the following recommendations: 1. Undue delay in receipt of grants by the voluntary agencies is not conducive for the development of the tribals. The first instalment should be releasedwithin 2 months of the receipt of the application and the second instalment which is often delayed on flimsy grounds is a matter of great concern. There is need to review the entire gamut of release of grant in aid by allowing lumpsum grant for such organizations which are doing work in the field of health care and education in the difficult tribal pockets and commuting to Delhi/Gandhinagar for release of 2nd instalment repeatedly is unproductive and wasteful by amending the existing rules. A flexible approach needs to be adopted for releaseof grant in aid. 2. Corrupt officials found soliciting hush money from the voluntary organizations should be cornered and given exemplary punishment 3. The voluntary agencies should be encouraged with suitable building grant for setting up of their offices and complexes in the heart of the tribal areas as it is difficult and financially unbearable for the tribals to commute to urban environment which is alien to their culture. Moreover, their presence in tribal ambience would have salutary effect for them. 4. Voluntary agencies, which do commendablework in tribal areas should be given citation in the namesof local tribal leaders. 5. The different Ministries of the Govt. of India and State Government are giving grant to the voluntary agencies, sometimes for the same purpose. The overlapping should be avoided~ The Ministries should set up an inter Ministerial working group to ensure that the du.ication of grant for the same purpose is weeded out/minimized. 6. The voluntary agencies should train local tribal leaders in managing the affairs so that ultimately they manage these agencies themselves. Part -IV Categorization of STs 20. There are 26 ST communities in the state, 12 tribal communities have a population ranging from 0.48 lakh to 26 lakhs. The population of these 12 tribes according to 1991 census was as follows: 3,10,471 1. BhirGamitNaika,DhodiaDublaRathwaChaudharyDhankaKoknaWarliPateliaKunbi.orNaikada12.11.10.9.8.7.Halpati 26,38,4885,46,5673,40,6944,34,5175,18,6712,20,6662,59,2532,51,5032,00,0801,10,00348,358 64.2.3.5.. 301 20.1.There are 5 minor tribes declared as PTGs and their population ranges from 5,000 to 82,000. Their names are given below: 1. Kolgha 82,679 4. Siddi 6,336 2. Kotwalia 19,569 5. Kathodi 4,773 3. Padhar 15,896 20.2. In addition to the above PTGs, the remaining 9 minor tribal communities are as follows: 1. ChodharaGond,Phanse,BardaRabariBavcha,CharanPomlaBharwad9.8.7.RajgondBamchaPardhi667928881 13,5547,0615,8415,1641,9741,341 2.4.3. 6.5. 20.3. Except PTGs for whom the. developmental programmes have been undertaken out of funds provided by the Government of India, only the major tribes have largely received benefits of development measures and even among them there is a great *disparity in the level of socio-economic development. Among some of the tribes, such as Dhodia, Choudhary, Patelia and Dungri Garasia (sub-group of Bhil tribe as indicated in the list of scheduled tribes, otherwise having a separate entity), the process of social and economic changes appears to be of such magnitude that they may lead to rapid deculturation." 20.4. The Commission has observed that some tribal communities have received disproportionate benefits compared to the other tribal communities and as a result of wide ranging discussions with the tribal representatives and hon-official agencies, the Commission feels that the State Government should go into all aspects of reservation in employment and admission in educational institutions . • Report on 'Gujarat Tribal Development vision - 2010' prepared by the Centre for Social Studies, Surat funded by the Tribal Development Department, Govt. of Gujarat in 2001 at page 10. 302 2564 SA&ST/04-20B ii j,1 H il Ii 1'1 I , II II 1111 I I I Appendix -I Land alienation laws in Guiarat Bombay Land Revenue Code, 1879 Power to restrict right of transfer. 73-A. (1) Notwithstanding anything in the foregoing section in any tract or village to which the State Government may, by notification published before the introduction therein of an original survey settlement under section 103, declare the provisions of this section applicable, occupancies shall not after the date of such notification be transferable without the previous sanction of the Collector. (2) The State Government may, by notification in the Official Gazette from ti'me to time exempt any part of such tract or village or any person or class of persons from the operation of this section. Restriction on~transfer of occupancies of tribal~o tribals or non-tribals. 73-AA. (1) Notwithstanding anything contained in section 73, an occupancy of a person belonging to any of the Scheduled Tribes hereafter in this section and iri section 73AB referred to as the tribal shall not be transferred to any person without the previous sanctio.n of the Collector. (2) The previous sanction of the Collector under sub-section (1) may be given in such circumstances and subject to such conditions as may be prescribed. (3)(a) Where tribal transfers the possession of his occupancy to another tribal in contravention of sub-section (1), the' tribal transferor or his successor in interest may, within two years of such transfer, apply to the Collector that the possession of such occupancy may be restored to him and there upon the Collector shall, after issuing a notice to the transferee or his successor in interest, as the case may be, in the prescribed form to show cause why he should not be disentitled to retain possession of the occupancy and after holding such inquiry as he deems fit, declare that the transferee or his successor in interest shall not be entitled to retain possession of the occupancy and that the occupancy shall be restored to the tribal transferor or his successor in interest, as the case may be on the same terms and conditions on which the transferor held it immediately before the transfer and subject to his acceptance of the liability for payment of arrears of land Revenue in respect of such occupancy in accordance with the rules made by the State Government and that the transferee or his successor in interest as the case may, be shall be deemed to be unauthorisedly occupying the .occupancy. Provided that such declaration shall stand revokeq if the tribal transferor, or as the case may be his successor in interest fails or refuses in writing to accept the restoration of the possession of such occupancy within the prescribed period. 303 a) Where- (i) a tribal in contravention of such-section (1) of section 73-A or of any other law for the time being in force has transferred his occupancy to another tribal at any time during the period commencing on the 4th April, 1961 and ending on the day immediately before the date of commencement of the Bombay Land Guj. 37 of 1980. Revenue (Gujarat Second Amendment) Act, 1980, and (ii) the tribal transferee or his successor in interest has not been evicted from such occupancy under section 79A. the transfer of occupancy shall be valid, as if it were made with the previous sanction of the Collector under section 73A. (4) Where a tribal - (a) in contravention of sub-section (1) of this section, or of sub-section (1) of section 73A of any or other law for the time being in force, transfers his occupancy to any person other than a tribal (here after in this section and in section 73AB referred to as "the'non-tribal") at any time on or after the date of commencement of the" Bombay Land Revenue (Gujarat Second Amendment) Act, 1980 (hereinafter in this section referred to as "the said date"); or (b) in contravention of sub-section (1) of section 73A or of any other law for the time being in force has transferred his occupancy or a non-tribal at any time before the said date. The Collector shall, notwithstanding anything contained in any law for the time being in force, either suo-motu at any time, or on an application made by the tribal transferor or his successor in-interest at any time within three years from the said date or the date of such transfer, whichever is later, after issuing a notice to the transferee or his successor in-interest as the case may be, to show cause why the transfer should not be declared void and after making such inquiry as he thinks fit, declare the transfer of such occupancy to be void and thereupon the occupancy together with the standing crops thereon, if any, shall vest in the State Government free from all encumbrances. (5) Where an occupancy if vested in the State Government under sub- section (4) and such occupancy was assessed or hold for the purposes of agriculture immediately before its transfer by the tribal transferor, the Collector shall, after taking necessary action under sections 79A and 202, give notice to the tribal transferor or his successor in interest, as the case may be, requiring him to state in writing within ninety days from the date of receipt of such notice whether he is willing to purchase the occupancy and cultivate in personally, and if such tribal transfer or his successor in-interest agrees to purchase the occupancy and undertakes to cultivate it personally. it may be granted to him on payment of the prescribed occupancy price.