Act 014 of 2008 : Constitution (Scheduled Tribes) Order (Amendment) Act, 2008

Preamble

Constitution (Scheduled Tribes) Order (Amendment) Act, 20081

[Act 14 of 2008, Repealed by Act 23 of 2016*][1st April, 2008]

An Act further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the State of Arunachal Pradesh

Be it enacted by Parliament in the Fifty-ninth Year of the Republic of India as follows:-

1 Received the assent of the President on 1-4-2008 and published in the Gazette of India, Extraordinary, Part II, Section 1.

* Ed.: Act 14 of 2008 repealed by Act 23 of 2016, S. 2 & Sch.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 Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;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."

SOR Statement of Objects and Reasons

Prefatory Note-Statement of Objects and Reasons.-Before its creation as a State, Arunachal Pradesh was part of the State of Assam, "Dafla" community was listed as Scheduled Tribe in the State of Assam by the Constitution (Scheduled Tribes) Order, 1950. After the creation of Arunachal Pradesh as a State, "Dafla" community was mentioned in the list of Scheduled Tribes in Arunachal Pradesh at Serial No. 4 by the North-Eastern Areas (Reorganation) Act, 1971. Currently, 16 numbers of communities exist in the list of Scheduled Tribes in Arunachal Pradesh including "Dafla".

2. The Government of Arunachal Pradesh has been recommending for long that the name "Nyishi" be substituted in place of "Dafla" in the Scheduled Tribes list of the State since "Dafla" is a derogatory term and was given to the "Nyishi" community by outsiders. A change is, therefore, required in the Scheduled Tribes list of Arunachal Pradesh in as much as in place of the existing entry "Dafla", the name "Nyishi" is to be inserted in order to enable the "Nyishi" community to be listed by its correct name.

3. The Bill seeks to achieve the aforesaid objectives.

Section 1. Short title

1. Short title.-This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Act, 2008.

Section 2. Amendment of Part XVIII of Constitution (Scheduled Tribes) Order, 1950

2. Amendment of Part XVIII of Constitution (Scheduled Tribes) Order, 1950.-In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part XVIII relating to the State of Arunachal Pradesh, for Entry 4, the following entry shall be substituted, namely:-

"4. Nyishi.".

SECTIONS