Scheduled Areas and Tribal Areas
Scheduled Areas and Tribal Areas : Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area-approach for development activities and also regulatory provisions to protect their interests. In order to protect the interests of Scheduled Tribes with regard to land alienation and other social factors, provisions of ‘‘Fifth Schedule" and ‘‘Sixth Schedule"have been enshrined in the Constitution.
The Fifth Schedule under Article 244(1) of Constitution defines ‘‘Scheduled Areas" as such areas as the President may by Order declare to be Scheduled Areas after consultation with the Governor of the State. The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the States of Assam, Mehalaya, Tripura and Mizoram which are declared as ‘‘Tribal Areas" and provides for District Councils and/or Regional Councils for such Areas. These Councils have been conferred with wide ranging legislative, judicial and executive powers. The Fifth Schedule Areas : The criteria for declaring any area as a ‘‘Scheduled Area" under the Fifth Schedule are : (a) Preponderance of tribal population, (b) Compactness and reasonable size of the area, (c) A viable administrative entity such as a district, block or taluk, and (d) Economic backwardness of the area as compared to neighbouring areas. The specification of ‘‘Scheduled Areas’’in relation to a State is done by a notified
Order of the President, after consultation with the State Governments concerned. The 988 India 2011 same applies for altering, increasing, decreasing, incorporating new areas, or rescinding any Orders relating to ‘‘Scheduled Areas’’. The advantages of Scheduled Areas are that : (a) The Governor of a state, which has Scheduled Areas, is empowered to make regulations in respect of the following: (i) Prohibit or restrict transfer of land from tribal people; (ii) Regulate the business of money lending to the members of Scheduled Tribes. In making
The Fifth Schedule under Article 244(1) of Constitution defines ‘‘Scheduled Areas" as such areas as the President may by Order declare to be Scheduled Areas after consultation with the Governor of the State. The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the States of Assam, Mehalaya, Tripura and Mizoram which are declared as ‘‘Tribal Areas" and provides for District Councils and/or Regional Councils for such Areas. These Councils have been conferred with wide ranging legislative, judicial and executive powers. The Fifth Schedule Areas : The criteria for declaring any area as a ‘‘Scheduled Area" under the Fifth Schedule are : (a) Preponderance of tribal population, (b) Compactness and reasonable size of the area, (c) A viable administrative entity such as a district, block or taluk, and (d) Economic backwardness of the area as compared to neighbouring areas. The specification of ‘‘Scheduled Areas’’in relation to a State is done by a notified
Order of the President, after consultation with the State Governments concerned. The 988 India 2011 same applies for altering, increasing, decreasing, incorporating new areas, or rescinding any Orders relating to ‘‘Scheduled Areas’’. The advantages of Scheduled Areas are that : (a) The Governor of a state, which has Scheduled Areas, is empowered to make regulations in respect of the following: (i) Prohibit or restrict transfer of land from tribal people; (ii) Regulate the business of money lending to the members of Scheduled Tribes. In making