Act 024 of 2013 : Constitution (Scheduled Tribes) Order (Amendment) Act, 2013

Preamble

Constitution (Scheduled Tribes) Order (Amendment) Act, 20131

[Act 24 of 2013, Repealed by Act 23 of 2016*][18th September, 2013]

An Act further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of Scheduled Tribes in the States of Kerala and Chhattisgarh

Be it enacted by Parliament in the Sixty-fourth Year of the Republic of India as follows-

1 Received the assent of the President on September 18, 2013 and published in the Gazette of India, Extra., Part II, Section 1, dated 19th September, 2013, pp. 1-2, No. 34

* Ed.: Act 24 of 2013 repealed by Act 23 of 2016, S. 2 & Sch.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 Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;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.-Clause (25) of Article 366 of the Constitution defines, "Scheduled Tribes" as under: "Scheduled Tribes" means 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".

2. Article 342 of the Constitution provides as under-

"Scheduled Tribes (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".

3. In view of the above constitutional provisions, the first list of Scheduled Tribes in Kerala was notified vide the Scheduled Castes and Scheduled Tribes (Modification) Order, 1956. It was further amended/modified through the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1976 [No. 108 of 1976] (dated 18th September, 1976). The ‘Marati’ community was excluded from the list of Scheduled Tribes of Kerala vide the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 2002 [No. 10 of 2003] (dated 7th January, 2003).

4. The communities of "Abujh Maria" and "Hill Korwa" identified as Particularly Vulnerable Tribal Groups have not been enlisted in the list of Scheduled Tribes of the State of Chhattisgarh.

5. To fulfil the long standing demand for re-inclusion of ‘Marati’ community in the list of Scheduled Tribes in the State of Kerala, it is proposed on the recommendation of the State of Kerala to amend Part VII, of the Schedule to the Constitution (Scheduled Tribes) Order, 1950 relating to Kerala and insert a new entry at Sl. No. 28 as-‘Marati’ (of the Hosdurg and Kasargod Taluks of Kasargod District).

6. To fulfil the long standing demand for granting Scheduled Tribes status to the Particularly Vulnerable Tribal Groups namely "Abujh Maria" and "Hill korwa" in the list of Scheduled Tribes in the State of Chhattisgarh, it is proposed on the recommendation of the State of Chhattisgarh to amend the entry at Sl. No. 16 and 27 occurring under Part XX of the Schedule to the Constitution (Scheduled Tribes) Order, 1950, relating to Chhattisgarh and insert a new entry "Abujh Maria" after Asur at Sl. No. 16 and a new entry at Sl No. 27 of "Hill Korwa" after Korwa.

7. The Bill seeks to achieve the aforesaid objects.

Section 1. Short title

1. Short title.-This Act may be called the Constitution (Scheduled Tribes) Order (Amendment) Act, 2013.

Section 2. Amendment of Part VII and Part XX of Constitution (Scheduled Tribes) Order, 1950

2. Amendment of Part VII and Part XX of Constitution (Scheduled Tribes) Order, 1950.-In the Schedule to the Constitution (Scheduled Tribes) Order, 1950 (C.O. 22),−−

(a) in Part VII.−− Kerala, after Entry 27, insert−−

"28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)";

(b) in Part XX.−− Chhattisgarh,−−

(i) in Entry 16, after "Asur,", insert "Abhuj Maria,";

(ii) in Entry 27, after "Korwa,", insert "Hill Korwa,".

SECTIONS