The Constitution (Scheduled Tribes) Order (Fifth Amendment) Bill, 2022 |The LexSphere Library

SECTION Section 1

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•1

•THE CONSTITUTION (SCHEDULED TRIBES) ORDER

•(FIFTH AMENDMENT) BILL, 2022

•A

•BILL

•further to amend the Constitution (Scheduled Tribes) Order, 1950 for inclusion of

•certain communities in the list of Scheduled Tribes in relation to

•the State of Chhattisgarh.

•BE it enacted by Parliament in the Seventy-third Year of the Republic of India as

•follows:—

SECTION Section 10

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2.It is not possible to estimate the likely additional expenditures to be incurred on this

•account at this stage. However, the expenditure, if any, shall be accommodated within the

•approved budgetary outlay of the Government.

•ANNEXURE

•EXTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950

C.O. 22

•* * * * *

•THE SCHEDULE

•* * * * *

•PART XX.—Chhattisgarh

•* * * * *

SECTION Section 11

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5.Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Paliha, Pando

•* * * * *

SECTION Section 12

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14.Dhanwar

SECTION Section 13

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15.Gadaba, Gadba

SECTION Section 14

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16.Gond, Arakh, Arrakh, Agaria, Asur, Badi Maria, Bada Maria, Bhatola, Bimma, Bhuta,

•Koilabhuta, Kolibhuti, Bhar, Bisonhorn Maria, Chota Maria, Dandami Maria, Dhuru, Dhurwa,

•Dhoba, Dhulia, Dorla, Gaiki, Gatta, Gatti, Gaita, Gond, Gowari Hill Maria, Kandra, Kalanga,

•Hatola, Koitar, Koya, Khirwar, Hirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana,

•Mannewar, Moghya, Mogia, Minghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj Gond,

•Sonjhari, Jhareka, Thatia, Thotya, Wade Maria, V ade Maria, Daroi

•* * * * *

SECTION Section 15

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23.Kondh, Khond, Kandh

•* * * * *

SECTION Section 16

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27.Korwa, Kodaku

•* * * * *

SECTION Section 17

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32.Nagesia, Nagasia

SECTION Section 18

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33.Oraon, Dhanka, Dhangad

•* * * * *

SECTION Section 19

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41.Sawar, Sawara

SECTION Section 2

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1.This Act may be called the Constitution (Scheduled Tribes) Order (Fifth Amendment)

•Act, 2022.

SECTION Section 20

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42.Sonr.

•* * * * *

•5

•LOK SABHA

•————

•A

•BILL

•further to amend the Constitution (Scheduled Tribes) Order, 1950 for inclusion of

•certain communities in the list of Scheduled Tribes in relation to

•the State of Chhattisgarh.

•————

•(Shri Arjun Munda, Minister of Tribal Affairs)

•MGIPMRND—1616LS(S3)—5-12-2022.

SECTION Section 3

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2.In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in

•PART XX.—Chhattisgarh,—

(i)for entry 5, the following entry shall be substituted, namely:—

•“5. Bharia Bhumia, Bhuinhar Bhumia, Bhumiya, Bharia, Bhuinya, Bhuiyan,

•Bhuyan, Paliha, Pando”;

•Short title.

•Amendment

•of Part XX

•of

•Constitution

•(Scheduled

•Tribes)

•Order, 1950.

C.O. 22.

•Bill No. 220 of 2022

•AS INTRODUCED IN LOK SABHA

•5

•2

•(ii) in entry 14, after "Dhanwar", insert ", Dhanuhar, Dhanuwar";

•(iii) for entry 15, as amended by the Fourth Schedule to the Madhya Pradesh

•Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following

•shall be substituted, namely:—

•"15. Gadaba, Gadba";

•(iv) for entry 16, as amended by the Fourth Schedule to the Madhya Pradesh

•Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following

•shall be substituted, namely:—

•"16. Gond, Arakh, Arrakh, Agaria, Asur, Abujh Maria, Badi Maria, Bada

•Maria, Bhatola, Bhimma, Bhuta, Koilabhuta, Koliabhuti, Bhar, Bisonhorn Maria,

•Chota Maria, Dandami Maria, Dhuru, Dhurwa, Dhoba, Dhulia, Dorla, Gaiki, Gatta,

•Gatti, Gaita, Gond Gowari, Hill Maria, Kandra, Kalanga, Khatola, Koitar, Koya,

•Khirwar, Khirwara, Kucha Maria, Kuchaki Maria, Madia, Maria, Mana, Mannewar,

•Moghya, Mogia, Monghya, Mudia, Muria, Nagarchi, Nagwanshi, Ojha, Raj,

•Sonjhari, Jhareka, Thatia, Thotya, Wade Maria, V ade Maria, Daroi";

(v)in entry 23, for "Kondh", substitute "Kond, Kondh";

•(vi) for entry 27, as amended by the Fourth Schedule to the Madhya Pradesh

•Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, for

•"Kodaku", substitute "Kodaku";

•(vii) in entry 32, after "Nagasia", insert ", Kisan";

•(viii) for entry 33, as amended by the Fourth Schedule to the Madhya Pradesh

•Reorganisation Act, 2000, as appearing in the Hindi version of the said Act, the following

•shall be substituted, namely:—

•"33. Oraon, Dhanka, Dhangad";

•(ix) in entry 41, after "Sawara", insert ", Saunra, Saonra";

(x)after entry 42, the following entry shall be inserted, namely:—

•"43. Binjhia".

•28 of 2000.

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•15

•20

•25

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•S3\F\BILL 2022\LS\1616LS

•STATEMENT OF OBJECTS AND REASONS

•The Scheduled Tribes have been defined in clause (25) of article 366 of the Constitution

•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.".

SECTION Section 4

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2.Article 342 of the Constitution provides as under:—

•"342. Scheduled Tribe.—(1) The President may with respect to any State or

•Union territory, and where it is a State, after consultation with the Governor thereof, by

•public notification, specify the tribes or tribal communities or parts of or groups within

•tribes or tribal communities which shall for the purposes of this Constitution be deemed

•to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

(2)Parliament may by law include in or exclude from the list of Scheduled Tribes

•specified in a notification issued under clause (1) any tribe or tribal community or part

•of or group within any tribe or tribal community, but save as aforesaid a notification

•issued under the said clause shall not be varied by any subsequent notification.".

SECTION Section 5

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3.According to the provisions of article 342 of the Constitution, the first list of the

•Scheduled Tribes was notified on 6th September, 1950 in respect of various States and Union

•territories, vide the Constitution (Scheduled Tribes) Order, 1950. This list was modified from

•time to time. The State Government of Chhattisgarh has recommended to modify the list of

•the Scheduled Tribes to amend the Constitution (Scheduled Tribes) Order, 1950.

SECTION Section 6

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4.Accordingly, the list of the Scheduled Tribes is proposed to be modified in respect

•of the State of Chhattisgarh, after consultation with the Registrar General of India and the

•National Commission for the Scheduled Tribes.

SECTION Section 7

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5.The Constitution (Scheduled Tribes) Order (Fifth Amendment) Bill, 2022, inter alia

•proposes—

(a)to include—

(i)Bhuinya, Bhuiyan and Bhuyan communities as synonyms of Bharia

•Bhumia;

•(ii) Bharia in the Hindi version; and

•(iii) three Devanagari versions of Pando community,

•in entry 5;

(b)to include Dhanuhar and Dhanuwar communities in entry 14;

(c)to substitute entries 15, 16, 27 and 33 as appearing in Hindi version of the

•Madhya Pradesh Reorganisation Act, 2000;

(d)to substitute Kond, Kondh for Kondh in entry 23;

(e)to include Kisan community in entry 32;

(f)to include Saunra and Saonra communities in entry 41;

(g)to include Binjhia community in new entry 43.

SECTION Section 8

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6.The Bill seeks to achieve the above objectives.

•N

•EW DELHI; ARJUN MUNDA.

•The 23rd November, 2022.

•4

•S3\F\BILL 2022\LS\1616LS

•FINANCIAL MEMORANDUM

SECTION Section 9

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•Clause 2 of the Bill seeks to include certain communities as well as addition of synonyms

•of communities in the existing lists of Scheduled Tribes. This may entail additional expenditures

•on account of benefits to be provided to the persons belonging to such communities, under

•the continuing schemes meant for the welfare of the Scheduled Tribes.