Act 048 of 2006 : Constitution (Scheduled Tribes) Order Amendment Act, 2006

Preamble

Constitution (Scheduled Tribes) Order Amendment Act, 20061

[Act 48 of 2006, Repealed by Act 23 of 2016*][12th December, 2006]

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

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

1 Received the assent of the President on 12-12-2006 and published in the Gazette of India, Extraordinary, Part II, Section 1, dated 13-12-2006, pp. 1-2, No. 56.

* Ed.: Act 48 of 2006 repealed by Act 23 of 2016, S. 2 & Sch.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 Savings.- The repeal by this Act of any enactment shall not affect any other enactment in which the repealed enactment has been applied, incorporated or referred to;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the same respectively may have been in any manner affirmed or recognised or derived by, in or from any enactment hereby repealed;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.-The Scheduled Castes and the Scheduled Tribes Order (Amendment) Act, 1976 (108 of 1976) made certain amendments in the Constitution (Scheduled Tribes) Order, 1950. Prior to this amendment, Item 20 of the list of Scheduled Tribes in the State of Bihar stood as "Lohara or Lohra". Subsequently, on account of the passing of the Scheduled Castes and the Scheduled Tribes Order (Amendment) Act, 1976, Item 20 underwent change, wherein "Lohara, Lohra" appeared at Item 22. Inadvertently, the word "Lohara" appearing in the English version was misspelt as "" in the Hindi version of the said Amendment Act.

2. Due to this misspelt word, there has been consistent attempt by Lohar () in Bihar, who fall under the category of Other Backward Classes, to be treated as the Scheduled Tribe and to obtain the constitutional benefits meant for genuine Scheduled Tribes by taking benefit of the Hindi version of Item 22 "" occurring in the Hindi version of the said Amendment Act of 1976. It may be added that "Lohar" is a district group and can not be treated as identical to "Lohara, Lohra". It has, therefore, become necessary to amend the Hindi version of the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 so as to rectify the error occurred in Item 22 by substituting the word "" in place of the existing word "".

3. The Bill seeks to achieve the aforesaid objective.

Section 1. Short title

1. Short title.-This Act may be called the Constitution (Scheduled Tribes) Order Amendment Act, 2006.

Section 2. Amendment of the Constitution (Scheduled Tribes) Order, 1950, as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976

2. Amendment of the Constitution (Scheduled Tribes) Order, 1950, as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976.-In the Constitution (Scheduled Tribes) Order, 1950, as amended by the Scheduled Castes and Scheduled Tribes Order (Amendment) Act, 1976 [108 of 1976 (as notified on 1st October, 1979)], in the Schedule, in Part III relating to Bihar, for Item 22 (since renumbered as Item 21), as appearing in the Hindi version of the said Act, the following shall be substituted, namely:-

"21. Lohara, Lohra".

SECTIONS