Constitution (Scheduled Castes) Order (Amendment) Act, 20071
| [Act 31 of 2007, Repealed by Act 23 of 2016*] | [29th August, 2007] |
An Act further to amend the Constitution (Scheduled Castes) Order, 1950
Be it enacted by Parliament in the Fifty-eighth Year of the Republic of India as follows:-
1 Received the assent of the President on 29-8-2007 and published in the Gazette of India, Extra., Part II, Section 1, dated 30-8-2007, pp. 1-2, No. 38.
* Ed.: Act 31 of 2007 repealed by Act 23 of 2016, S. 2 & Sch. I. See also S. 4 of the Repealing and Amending Act, 2016:
"4. Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;
and this Act shall not affect the validity, invalidity, effect or consequences of anything already done or suffered, or any right, title, obligation or liability already acquired, accrued or incurred, or any remedy or proceeding in respect thereof, or any release or discharge of or from any debt, penalty, obligation, liability, claim or demand, or any indemnity already granted, or the proof of any past act or thing;
nor shall this Act affect any principle or rule of law, or established jurisdiction, form or course of pleading, practice or procedure, or existing usage, custom, privilege, restriction, exemption, office or appointment, notwithstanding that the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;
nor shall the repeal by this Act of any enactment revive or restore any jurisdiction, office, custom, liability, right, title, privilege, restriction, exemption, usage, practice, procedure or other matter or thing not now existing or in force."
Prefatory Note-Statement of Objects and Reasons.-As per the provisions of Article 341 of the Constitution, the list of Scheduled Castes was first notified in 1950 and this list was modified from time to time. A number of requests were received from the State Governments for modifications in the list, such as, inclusion of new communities, inclusion of synonymous communities, imposing area restrictions and other modifications of certain existing entries.
2. The above requests have been processed in accordance with the modalities approved by the Government on 15th June, 1999 and modified on 25th June, 2002. After consultation with the concerned State Governments, the Registrar General of India and the National Commission for Scheduled Castes, the list of the Scheduled Castes in respect of seventeen communities for the States of Haryana, Kerela, Madhya Pradesh, Maharashtra, Orissa, Punjab and Chhatisgarh are proposed to be amended.
3. The proposed amendments in the Constitution (Scheduled Castes) Order (Amendment) Bill, 2006 broadly fall under the following categories, namely:-
(i) inclusion of new castes based on social, educational and economic backwardness;
(ii) inclusion of synonymous communities in respect of a caste in the existing list; and
(iii) modification or imposition of area restrictions in the existing entries.
4. The Bill seeks to achieve the above objects.
1. Short title.-This Act may be called the Constitution (Scheduled Castes) Order (Amendment) Act, 2007.
2. Amendment of the Schedule.-In the Schedule to the Constitution (Scheduled Castes) Order (C.O. 19), 1950,-
(a) in Part V.-Haryana,-
(i) for Entry 5, substitute-
"5. Batwal, Barwala";
(ii) for Entry 24, substitute-
"24. Megh, Meghwal";
(b) in Part VIII.-Kerala, for Entry 61, substitute-
"61. Thandan (excluding Ezhuvas and Thiyyas who are known as Thandan, in the erstwhile Cochin and Malabar areas) and (Carpenters who are known as Thachan, in the erstwhile Cochin and Travancore State)";
(c) in Part IX.-Madhya Pradesh, for Entry 2, substitute-
"2. Bagri, Bagdi (excluding Rajput, Thakur sub-castes among Bagri, Bagdi)";
(d) in Part X.-Maharashtra,-
(i) for Entry 8, substitute-
"8. Basor, Burud, Bansor, Bansodi, Basod";
(ii) for Entries 11 and 12, substitute-
"11. Bhambi, Bhambhi, Asadaru, Asodi, Chamadia, Chamar, Chamari, Chambhar, Chamgar, Haralayya, Harali, Khalpa, Machigar, Mochigar, Madar, Madig, Mochi, Telegu Mochi, Kamati Mochi, Ranigar, Rohidas, Nona, Ramnami, Rohit, Samgar, Samagara, Satnami, Surjyabanshi, Surjyaramnami, Charmakar, Pardeshi Chamar;
12. Bhangi, Mehtar, Olgana, Rukhi, Malkana, Halalkhor, Lalbegi, Balmiki, Korar, Zadmalli, Hela";
(e) in Part XIII.-Orissa,-
(i) for Entry 19, substitute-
"19. Chamar, Chamara, Chamar-Ravidas, Chamar-Rohidas, Mochi, Muchi, Satnami";
(ii) for Entry 42, substitute-
"42. Kandra, Kandara, Kadama, Kuduma, Kodma, Kodama";
(f) in Part XIV.-Punjab, after Entry 38, insert-
"39. Mahatam, Rai Sikh";
(g) in Part XXIII.-Chhatisgarh, after Entry 43, insert-
"44. Turi".