वापस जायें / Back

Legal Provisions and Policies for the Protection and Development of Scheduled Tribes in Chhattisgarh

1. Schemes for tackling Left Wing Extremism (Naxalism)
   1. 16 districts have been included in the list of LWE affected districts by the Central Government. These are – Bastar, Kondagaon, Dantewada, Sukma, Bijapur, Kanker, Narayanpur, Surguja, Balrampur, Jashpur, Koria, Mahasamund, Balod, Gariyaband, Dhamtari and Rajnandgaon.
   2. Central Government has sanctioned two special India Reserve Battalions. Each has two technical companies which will help in the development of infrastructure in these areas. Remaining companies will provide security.
   3. Sahayak Police Sashastra Bal Adhniyam 2011 – Under this a assistant police force has been made in which youth from Bastar have been recruited and they have been posted in the same area. A force of 4000 men has been made under this Act.
   4. Chhattisgarh Government Home Department has by Order No. ??-4/82/???-??/2001/?????? 20 ??????? 2004 made a working plan for rehabilitation and mainstreaming of surrendered Naxals and persons suffering from naxal violence. Under this scheme financial assistance is given for various things, compensation for surrendered weapons, government service, scholarship to the children of surrendered naxals and government service to them as per eligibility, agricultural land etc.
2. Scheduled Castes / Scheduled Tribes (Prevention of Atrocities) Act, 1989 - There is provision of punishment under the Act for harassment and atrocities by general category persons on Scheduled Tribe and Scheduled Caste persons. 11 Special Courts have been sanctioned out of which 8 are functional in –Raipur, Durg, Jagdalpur, Rajnandgaon, Bilaspur, Surguja, Korba, Raigarh. The Special Courts of Janjgir, Jashpur and Koria have yet to become functional.
3. Sale and purchase of land of Scheduled tribes in scheduled areas -
   1. Ban on transfer – The provisions of section 165 (6) of Chhattisgarh Land Revenue Code are as follows – (6) Notwithstanding anything contained in sub-section (1) the right of Bhumiswami belonging to a tribe which has been declared to be an aboriginal tribe by the State Government by a notification in that behalf in whole for the or part of the area to which the Code applies shall -
      
      (i) in such areas which are predominantly inhabitated by aboriginal tribes and from such date or dates as the State Government may, by notification, specify, not be transferred nor it shall be transferable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe in the area specified in the notification;
      
      (ii) in areas other than those specified in the notification under clause (i), not be transferred or be transferrable either by way of sale or otherwise or as a consequence of transaction of loan to a person not belonging to such tribe without the permission of a Revenue Officer not below the rank of Collector, given for reasons to be recorded in writing.
      
      In this way, in the notified areas of the state, the farmers belonging to Scheduled Tribes can transfer their lands only to Scheduled Tribe farmers. There are a total of 146 development blocks in the state, out of which 85 are tribal blocks. In these 85 tribal blocks, the transfer of the land by the farmers of scheduled tribes is completely restricted to farmers of Scheduled Tribes only. In the remaining 61 development blocks, land belonging to Scheduled Tribes can be transferred to others only with the permission of the District Collector. The said provisions in the Act have been implemented since 1976.
   2. Inquiry into fraudulent tranfer – Provisions have been made in Section 170 of the Code for this purpose :-
      1. a) 170. (1) Where possession is transferred by a Bhumiswami in pursuance of a transaction which is in contravention of sub-section (6) of section 165 the Bhumiswami or his legal heirs may, -
         
         (i) till the 31st December 1978, in the case of transfer of possession prior to the 1st July 1976; and
         
         (ii) within five years of such transfer of possession, in subsequent cases,
         
         apply to the Sub-Divisional Officer for getting back the possession and the Sub-Divisional Officer shall dispose of such application in accordance with the procedure as may be prescribed.
      2. New Provisions under Section 170-B, C and D-
         
         (1) Section 170-B –
         
         (a) Every person who on the date of commencement of the Madhya Pradesh Land Revenue Code (Amendment) Act, 1980 (hereinafter referred to as the Amendment Act of 1980) is in possession of agricultural land which belonged to a member of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of section 165 between the period commencing on the 2nd October, 1959 and ending on the date of the commencement, notify to the Sub-Divisional Officer, in such form and in such manner as may be prescribed, all the information as to how he has come in possession of such land.
         
         (b) If any person fails to notify the information as required by sub-section (1) within the period specified therein it shall be presumed that such person has been in possession of the agricultural land shall, on the expiration of the period aforesaid revert to the person to whom it originally belonged and if that person be dead, to his legal heirs.
      3. On receipt of the information under sub-section (1), the Sub-Divisional Officer shall make such enquiry as may be deemed necessary about all such transactions of transfer and if he finds that the member of aboriginal tribe has been defrauded of his legitimate right he shall declare the transaction null and void and pass an order revesting the agricultural land in the transferor and, if he be dead, in his legal heirs.
         
         (2) Advocate not to appear in proceedings under section 170-A or 170-B without permission. Section 170-C. Notwithstanding anything contained in Advocates Act, 1961 (No. 25 of 1961) no Advocate shall appear before a Revenue Officer under any proceeding under section 170-A or 170-B without the permission of such officer:
         
         Provided that if permission is granted to one party not belonging to a member of a tribe which has been declared to be an aboriginal tribe under sub-section (6) of section 165, similar assistance shall always be provided to the other party belonging to such tribe through legal aid agency.
   3. Second appeal barred. Section 170-D. Notwithstanding anything contained in this Code, no second appeal shall lie against the orders passed on or after the 24th October, 1983 under section 170-A and section 170-B.
      
      A total of 44464 cases were registered since the new provisions came into force, 44093 cases have been disposed of and 371 cases are pending. 18037 cases were decided in favour of Scheduled tribes and 12212.147 hectare land was revested in them. Possession of 100.183 hectare land in 81 cases is yet to be returned to the Tribals.
4. Industrial Policy - Many type of subsidy is given to Scheduled Tribes in The Industrial Policy of Chhattisgarh. These include interest subsidy, capital subsidy, Project Report subsidy, Electricity charge subsidy, subsidy on the premium for allotment of land, free plots, industrial shed, quality certification subsidy, technical patent subsidy, technology purchase subsidy, margin money subsidy etc. In addition there is also a provision for prizes and certificates of appreciation.
5. Excise policy in scheduled areas- The Excise policy as per PESA Act in accordance with the fifth schedule of the Constitution is as follows:-
   1. Old liquor shops have been closed after the new policy has been implemented. Now liquor shops are allotted by lottery in which people of all categories can participate.
   2. Excise Act has also been amended to effectively implement the policy.
   3. Permission of Collector is necessary for selling of liquor.
   4. The people of scheduled tribes are protected under Section 61b of Excise Act 1915.
   5. Sub-divisional magistrate of a person authorized by him are authorized to enforce the decision of the Gram Sabha under Section 61F of the Excise Act.
   6. Members of scheduled tribes are exempted from certain provision of the Excise Act by Section 61d -
      1. The provisions of this Act with respect to manufacture, possession and use of liquor shall not apply members of scheduled tribes in scheduled areas.
      2. Members of scheduled tribes in scheduled areas will be permitted to manufacture liquor by distillation under the following conditions, that is:-
         
         (One) The manufacture of country liquor shall be done by members of scheduled tribes in scheduled areas only for domestic use and for use in social and religious functions.
         
         (Two) The liquor so manufactured shall not be sold.
         
         (Third) The maximum limit for keeping liquor manufactured in such manner by any family at any time shall be 5 liters.
         
         Provided that Gram Sabha can reduce the limit of possession of country liquor.
         
         Explanation:- Family means a group of such persons who live jointly as a member of family unit and eat together.
   7. Under Section 61e the powers of prohibition of manufacture, sale etc. of intoxicants is with the gram sabha.
   8. Relief in Excise cases – People in general and especially persons of socially week classes to not have knowledge of rules and laws and therefore they get implicated in criminal cases, which leads to social, mental and financial difficulties. To give relief to lakhs of families facing such difficulties in cases under the excise act, decision was taken to withdraw cases registered against them till 31st December 2011.
6. Reservation in Government Service- As per constitutional provisions of Article 335, there is 32% reservation for scheduled tribes and 12% reservation for scheduled castes in Chhattisgarh based on the statistics of 2001 census. reservation is also available to admission in educational institutions.
7. Tribal Research and Training Institute - Keeping in view the population of tribals in the State in accordance with the recommendation of Tribal Affairs Ministry of Government of India the State Government has established the 15th Tribal Research and Training Institute in Chhattisgarh on 2-09-2004. The main works of the institute are -
   1. Survey and study of basic socio-economic and cultural practices of scheduled tribes.
   2. Study of problems of scheduled tribes and suggest solutions to the Government.
   3. Evaluation of schemes for development of scheduled tribes.
   4. Ethonological and Anthropological examination of the represntations received by the Government for inclusion in the list of scheduled tribes and giving opinion to the Government.
   5. Inviting subject specialists and holding National workshops and seminars for the solution of problems faced by scheduled tribes.
   6. Organising programmes for giving information about acts and rules regarding tribal rights and benefits and organising training programmes for this purpose.
8. High level investigation Committee for caste certificates- In compliance of the decision of the Honourable Supreme Court in Ku Madhuri Vs. Additional Commissioner Tribal Development and others AIR 1995 MC 94 and Lavetgiri Vs. Director Tribal Welfare Andhra Pradesh AIR 1995 MC 1506 Government of Chhattisgarh, Scheduled Caste, Scheduled Tribe and Other Backward Classes Department has reorganised the 6 member High Level Committee made under Section 7 subsection (1) of the (Regulation of certification of social status) Act 2013 by its letter dated 17.03.2017 for verification of certificates issue by competent authority. The High level committee has from 01.04.2016 to 25.07.2017 passed order on 68 cases in which 23 caste certificates were found to be correct and 45 were found to be incorrect.
9. Issuance of caste certificates Special campaign is run to facilitate issuance of caste certificates for SC/ST and OBC students in class 8 and 12. Caste certificates of 729576 students were made in 2016-17 in which 213984 students were of ST category. In the scheduled areas of the state caste certificates of 446928 students were made of which 186422 students were of ST category.
10. Special provisions for Panchayats in Scheduled areas In compliance of the Panchayat Provisions (Extension to Scheduled Areas) Central Act 1996 Government of Chhattisgarh has made the following rules -

    S.No.	Provision in the Central Act	Provisions made by the State Government
    1.	Reservation of seats in Panchayats in Scheduled Areas shall be in the proportion of population of the community for which reservation is intended by the by Part 9 of the Constitution. Provided that the reservation for scheduled tribes shall not be less than half of the total number of seats, Provided that the post of presidents of scheduled tribes shall be reserved for scheduled tribes at all levels.	Following special provisions have been made in the C.G. Panchayat Raj (Second Amendment) Act 1997 in chapter-14-a Section 129-e - The reservation for scheduled castes and scheduled tribes in scheduled areas shall be in proportion to their population in that Panchayat. Provided that the reservation for scheduled tribes shall not be less than half of the total seats. Provided further that at all levels the posts of Sarpanch and president shall be reserved for members of scheduled tribes.
    2.	State Government may nominate persons of scheduled tribes who are not represented at middle level in Panchayats, Provided that the nomination shall not exceed one tenth of the number of elected members.	Following provisions have beenmade in Chapter 14-a Section 129-e (2) and (3) of the C.G. Panchayat Raj (Second Amendment) Act 1997 - 1. State Government may nominate persons of scheduled tribes who are not represented in Panchayats of scheduled areas at middle level and district level, Provided that such nomination shall not exceed on tenth of the elected members in that Panchayat. 2. Seats shall be reserved for Other Backwaqrd Classes in Panchayats of Scheduled Areas which shall not be more than three fourth of the total seats reserved for scheduled castes and scheduled tribes.
    3.	Consultation with gram sabha or at appropriate level shall be done for rehabilitation of Project affected persons before land acquisition, The implementation of the Projects in scheduled areas shall be coordinated at the State Level.	This has been implemented in the rehabilitation policy of the State.
    4.	Powers for reverting land in scheduled areas for illegal transactions against members of scheduled tribes	1. (2-a)-If a gram sabha finds in an area notified under Article 244 clause (1) that any persons not being a member of scheduled tribe is in unauhorized possession of land it shall return possession to the person who was originally in possession of such land and in the event of death of such a person shall revert the possession of the land to his legal heirs. Provided that if the garm sabha is not able to revert the possession, it shall refer the matter to the Sub-divisional officer and the Sub-divisional officer shall revert the possession within 3 months of such reference.

11. Rules of Central and State Government in force in scheduled areas with the approval of the Governor -
    1. Special Recruitment drive for Primitive Tribes – Decision has been taken by Memo of Government of Chhattisgarh General Administration Department No. 5.?? 9-8/2002/1/3 Raipur dated 18.07.2003 that candidates of primitive tribes in Chhattisgarh including Pahari Korba, Baiga, Kamar, Anujhmaria, Birhor, Bhunjia and Pando shall be given appointment directly on class three (non executive) posts if they fulfill the minimum qualifications fixed for candidates of scheduled tribes without following any process.
    2. Relaxation on the ban on apointments in Bastar division – In the context of ban on appointments by Government of Chhattisgarh Finance Department memo No/772/??-3/1/2004/?????/?-4/Four dated 13th May 2010 instructions have been issued that separate consent of finance department shall not be needed for appointment in Bastar Division for sanctioned posts.
    3. Instruction have been issued by Government of Chhattisgarh, General Administration Department notifications No. ?? 1-1/2012/1-3 dated 25.02.2017 that the posts of class three and class four in Bastar and Surguja divisions shall be filled only by residents of these divisions.
    4. Facility to beneficiaries for claims rejected under Forest Rights Act – Following is inserted after clause (e) of rule 6 of Scheduled Tribes and other traditional forest dwellers (recognitions of forest rights) Rules 2007:-
       
       (f) The claims rejected by the sub-division level committee can be treated as suo moto petition and can be re-examined once again under the provisions of rule 13 clause (a) to (i) of the Scheduled Tribes and other traditional forest dwellers (recognitions of forest rights) Rules 2007.
12. Development of Primitive Tribes - Government of India gives the status of Primitive Tribe on the basis of the following criteria -
    1. Use of pre-technology in agriculture (Jhum cultivation)
    2. Low level of Literacy
    3. Residence in extremely backward and remote areas
    4. Stable of decreasing population

    11 point programme has been started for the development of primitive tribes in the State:-

    1. Homes for the homeless
    2. Provision of drinking water
    3. Electrification of villages
    4. Health checkup
    5. Food security
    6. Nutritious food for prevention of malnutrition in children 0-6 years age and pregnant women
    7. Skill development
    8. Social security
    9. Distribution of forest rights certificates
    10. Caste and domicile certificates
    11. Distribution of Radio for information awareness and distribution of umbrella and blankets for day to day need
13. Chhattisgarh Tribal Advisory Council - Tribal Advisory Council has been created under article 244 of the constitution - President – Dr. Ramann Singh Chief Minister, Vice-President - Kedar Kashyap, Minister for SC/ST/OBC, Members – Dinesh Kashyap MP Bastar, Vishnudev Sai MP Raigarh, Vikram Usendi MP Kanker, Champadevi Pawle MLA Bharatpur-Sonhat, Ramsevak Paikra MLA Pratappur, Rajsharan Bhagat MLA Jashpur, Robit Kumar Sai. MLA Kunkur, Shivshankar Paikra MPL Patthalgaon, Sunita Satyanand Rathia MLA Lailunga, Gowardhan Singh Manjhi MLA Bindranawagarh, Shrawan Markam MLA Sihawa, Mahesh Gagda MLA Bijapur, Chintamani Mahraj MLA Lundra, Tejkunwar Govardhan MLA Mohla-Manpur, Devti Karma MLA Dantewada, Khelsai Singh MLA Premnagar, and Secretary – Principal Secretary Government of Chhattisgarh SC/ST/OBC Development Department.