agenda and notes of 110 andhra pradesh tribes …
TRANSCRIPT
AGENDA AND NOTES OF 110th ANDHRA PRADESH TRIBES ADVISORY COUNCIL
(APTAC) MEETING
Time: 11.00 A.M.
Date: 12-11-2019
VENUE:
O/o DIRECTOR OF TRIBAL WELFARE
1ST FLOOR, CONFERENCE HALL
MOGHAL RAJPURAM
VIJAYAWADA
ANDHRA PRADESH
INDEX
S. No
Agenda Item Page. Nos
1 Action taken report of Minutes of the 109th Meeting of APTAC held
on 20.07.2018 at Vijayawada.
1-13
2 To place the Draft Bill and Act for the establishment of Andhra
Pradesh Commission for Scheduled Tribes to safe guard the interest
of the Scheduled Tribes in the State and for the matters connected
there with and incidental thereto in the meeting.
14-34
3 Declaration of New Scheduled Areas: It needs to initiate for declaring
554 villages as Scheduled Areas.
35-47
4 Displacement-Resettlement & Rehabilitation: Also there is need to
relax the criteria for declaring the Scheduled Areas to cover and
notify the newly relocated places under R&R as Scheduled Areas.
48
5 Forest Rights Act 2006-Extension and Re-fixation of cutoff date 13-
12-2005 envisioned u/s 4(3): There is imperative need to amend
section 4(3) of FRA, 2006 and the corresponding rules thereof, to
extend and re-fix the cutoff date (13-12-2005) as 01.01.2008, the
date of from which the “Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Right)”, Rules 2007 came in to
force.
49-50
6 Approval of Agency Administration Reports for the year 2017-18 and
2018-19.
51-57
7 Any other matters for discussion with the permission of Chair. 58
8 Annexures 59-193
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Item No.1: Action taken report of Minutes of the 109th Meeting of APTAC
held on 20.07.2018 at Vijayawada.
S. No
Agenda Item & Resolution Action Taken
1.6 Proposed Bauxite mining in Tribal Areas
In response to the point raised by the Hon’ble members of TAC in relation to the previous meeting, the Joint Director, Mines & Geology Department informed that the concerned GO.Ms.No.97 is yet not cancelled, however it was kept in abeyance by the Government.
The Principal Secretary to Government, Tribal Welfare instructed the JD, M&G to resolve the issue.
Resolution: All the TAC members recommended to cancel the Go.Ms.No.97 regarding bauxite mining in tribal areas.
(Action: Joint Director (M&G)
Supplementary Question in relation to Illegal Quarrying:
Hon’ble members Smt. Pamula Pushpa Srivani, and Sri. P.Rajanna Dora raised the issue of a quarry that was permitted in the survey No. 1/14 covering an extent of (2.9 Hectares) for mining activity in Guda habitation, Guda Gram Panchayat in Hukumpeta (M) which is a podu land. The members brought to the notice of the meeting that the contractor namely Sri B. Rajendra Prasad is conducting mining activities including blasting, pitting etc.,illegally in the area, exceeding the geographical limits of the permitted area. The Tribals living near by the mining areas are facing several problems i.e., damage to their houses, air and water getting polluted etc., and they requested to take necessary action immediately.
Prl. Secretary (TW):
The Principal Secretary advised the Members to file a detailed petition to take necessary action in this issue. The Prl. Secretary further instructed the Joint Director, Mining to communicate all the guidelines pertaining to the mining activities in the scheduled areas, to the Hon’ble members.
(Action: The Joint Director, M&G, AP, Vijayawada)
The Government have issued GO.Ms. Nos. 80,81,82,83,84, & 85 on Mines & Minerals while revocation of earlier Mining lease orders on 26.09.2019.
( Annexure- I ) ( Page No: 59 to 79 )
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1.7
(ii) Vacant posts of GCC to be filled immediately:
While discussing about the vacancies in GCC, the members expressed their views that the GCC which is rendering services to the tribals is now delimited and facing shortage of man power.
Sri. P Rajanna Dora, M.L.A, Saluru recommended to convert all the GCC employees as government employees to strengthen the GCC activities.
Earlier proposals were submitted to the Government regarding provincialization of services of GCC employees trough this office Lr. Rac. No. 1089/2009. Admin .1. dt .10.03.2010. Government after examining the proposal finally informed through Lr. No. 387/GCC-2/2010. Dated. 19.08.2010 that it is not feasible to consider the same as it would give scope to other PSUs also to raise similar demand. However it was further directed to re – examine the issue with reference to service rules and with reference to the objectives of the corporation as per original GCC formation G.O. A copy of the Government letter is enclosed. In this connection it is to further mention that the demerger of this corporation was completed as per GO. Rt. No. 120 (TW) GCC Department dated. 14-02-2019. Consequently, the Byelaws and services Rules of this Corp[oration have to be amended suitably and such amendments registered . Now this exercise is taken up by a committee of senior officers specially constituted for the purpose. It is likely to be completed by the end of December, 2019. After completing this exercise, proposals for converting GCC Employees as Government employees will be submitted.
Smt. G. Eswari , M.L.A, Paderu suggested that the petrol pumps may be allotted to tribal SHGs/ GCC depots for operation in tribal areas. She requested also to provide the road connectivity to the GCC depot in G.K Veedhi (M), Visakhapatnam (D) which covers 10 villages.
a) Regarding allotment of petrol pumps to tribal SHGs it is to mention that as many as 14 new petrol bunks (in addition two bunks existing) were opened with the financial assistance of HPCL. As per the agreement with the oil company GCC is the Dealer/
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The number of DR depots may be increased to cater to the needs of the tribals living in the hill areas considering it as a special case.
License holder to run the petrol bunk. b) As per clause – 2 & 34 of the said agreement, GCC is not permitted to sub – lease or sub contract of the bunks to any third party or SHGs. As such the bunks are now being operated by regular employees of GCC.
c) Regarding allotment of D.R. Depots to SHGs it is to mention that as and when vacancies arise and when there are no regular employees to handle the depots, the Project Officers are appointing local tribal youth as FP shop Dealers or entrusting the depots to the competent tribal women SHGs.
d) As on date 261 depots are handled by the SHGs. Now the issue regarding allotment of vacant depots to SHGs shall have to be examined in detail consequent on the implementation of door delivery system and village Secretariats. Till year 2017, 831 D.R. Depots were functioning in the tribal areas. Subsequently 75 new depots were opened in interior villages as per the proposals finalized by the Project Officers, ITDA, thus making a total of 906 depots by October, 2018. Proposals were submitted to the Government through Lr. Rc.No. 90/2018, D.Rs.dt.19.10.2018 for opening of another 440 new depots to suit the convenience of card holders. But, no orders were issued on this proposals. However, through G.O.32 CA, F & CA (CS.I) Dept. dt: 03.12.2018, the Project Officers, ITDA were authorized to open FP shops where there were no GCC Depots and to entrust such depots to
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Smt Mani Kumari informed that some of the DR depots are housed in the private godowns, the goods stocked in GCC godowns are getting damaged due to the building leakages during the rainy season.
Smt. V. Kalavathi requested to strengthen the GCC Godowns with necessary repairs/ renovations in order to supply the commodities to tribals, free from any damages.
The members also raised the issue that the tribals are facing problems in securing pensions and other PDSs through biometric identification.
Prl. Secretary (TW): The Prl. Secretary to Govt., Tribal Welfare instructed the MD, GCC to ensure that all the provisions should reach the DR depots well in time. The GCC godowns should be built to store the buffer stocks sufficient for at least two to three months. PO, ITDA should monitor the DR depots i.e., keeping the buffer stocks and DR depots in proper maintenance. The Prl. Secretary further instructed to study the pensions and other distributions in tribal areas whether they are online or off line and also instructed to get a report
the tribal candidates as FP Shop Dealers duly providing them institutional finance from TRICOR, ITDA or commercial banks. Proposals were submitted to the Government through Lr.Rc.No.123/2018.Engg.dt:23.07.2018 to issue orders to the Project Officers, ITDAs to carry out required repairs to 222 depot buildings and construction of new buildings for 405 depots (343 depots in rented buildings, 30 buildings completely dilapidated + 32 incomplete buildings) with dovetail funds of MGNAREGA, ITDA, TRICOR on the lines of Anganwadi buildings. Orders on this proposal are still awaited. ( Annexure – II) ( Page No. 80 to 96)
Construct 17 new godowns at a cost of Rs. 12.75 crores and 33 LPG godowns at cost of Rs. 13.89 crores in still pending for want of release of funds from TSP as per the approval dt. 5.10.2018 of the 21st Meeting of the STC (TSP) Nodal Agency. A letter in RC. No.264/2017. Accts. Dt.4.2.2019 it was requested to release funds accordingly to start these works as proposed. The distribution of Ecs is being taken up through manual verification also where e-pos verification fails. There are no complaints about non-distribution of Esc to card holders due to disruption of e-pos verification.
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from the POs (ITDAs) about 120 PDSDs where biometric verification is being implemented. Intervening in the discussion the Director, Tribal Welfare, AP, Vijayawada informed that 80% of Tribals are taking commodities and there is a provision to take commodities in offline also.
While explaining the situation in relation to GCC Depots etc, the MD, GCC informed that the Demerger meeting was postponed. The unemployed sixty tribal MBA graduates are positioned in the GCC marketing depots. The 222 DR depots need repairs, 30 depots are fully damaged, 32 depots are in incomplete shape, 343 DR depots are being maintained in private buildings. There is a proposal for construction of the softer flat forms and the construction of DR depots under NREGS.
(Action: MD, GCC) 17 (b) iii
The proposal to be furnished to the Government of India for inclusion of 800 TSP villages in the Scheduled Areas of the State shall be expedited on priority basis.
Resolution: The TAC resolved to direct the concerned to resubmit the proposal for seeking inclusion of TSP villages in the Scheduled Areas of the State with all requirements to the Ministry of Tribal Affairs, Govt. of India in an expeditious manner including the required information in Hindi and Telugu in prescribed formats if any. (Action: Joint Director, TRI)
The list in relation to the residuary
Andhra Pradesh has been segregated
from the total listed 800 villages of
united AP which are to be included in
the Scheduled Areas. Now, there are
about 554 villages to be included in
the Scheduled Areas of AP. the list is
ready to place. This point is also
made as a part of the one of the
agenda items of 110th TAC meeting.
( Page No.36 to 47 )
17 (b) v
Large numbers of vacancies in ITDAs. The vacancies shall be filled up on a priority basis.
The Director, Tribal Welfare explained the action taken for filling up of the posts in the ITDAs as per norms.
Smt. G. Eswari, MLA suggested to fill the teacher posts through special DSC.
The members requested to fill all the vacancies of medical staff on a regular basis rather than making temporary in-charge arrangements.
The Director, Tribal Welfare explained that there is no such instance reported so far. However if any of such lapses noticed, they will be addressed.
(Action: DD (Admin), Tribal Welfare, AP, Vijayawada)
800 teacher posts have already been notified in DSC – 2018 vide letter No. SoWO3-14021 (34) /1/2018-K SEC – COTW / C – 424830 /, dated. 22/10/2018.
( Annexure – III ) (Page No. 97 to 103)
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17 (b) vii
Non Conducting of ITDA Governing body meetings regularly:
While discussing the issue, it was explained to the members that the ITDA-Governing body meetings are to be held every quarter i.e., three months and also detailed the ITDA-Governing body meetings held .
Supplementary question: The members of the TAC requested that they may be invited to the ITDA- Governing body meetings.
The Hon’ble Minister, Tribal Welfare who chaired the TAC Meeting accepted their request.
The Prl. Secretary to Government, Tribal Welfare, AP, Vijayawada further instructed the DD, Admin.to write a DO letter to all the Project Officers (ITDAs) to conduct Governing body meetings regularly as per the stipulated norms.
(Action: DD, (Admin), Tribal Welfare, AP, Vijayawada)
Instructions issued to POs of ITDAs vide D.O.Rc.No.E1/209/2017, dated: 29/01/2017 & Memos to all POs vide Rc.No.E1/1271/2018, dated: 13.05.2018, 31.07.2018, 13.09.2018 & 06.12.2018 for holding of GB meetings as per schedule.
( Annexure –IV) (Page No. 104 to 105)
2 Agency Administration report for the period 2016-17:
The Joint Director (FAC), TRI presented the Annual Administration Report of 2016-2017 to the TAC for its perusal and approval Resolution: The TAC approved the Annual Administration Report for the period 2016-2017.
Approved in APTAC and sent to Government.
3 Koneru Ranga Rao Committee Recommendation:
Approval of Draft Amendments to the Land Transfer Regulations and Ryotwari Settlement Regulations on par with the recommendations of KoneruRangarao Land Committee. Dr Palla Trinadha Rao, Sr. Consultant (TW), presented the draft amendments to the existing LTR and Ryotwari Settlement Regulations as recommended by the KoneruRangarao Committee for the removal of the limitation period prescribed for filing appeals under both Land Transfer Regulations (LTR) and Settlement Regulations. While explaining the draft amendments he explained that the Government of Andhra Pradesh already issued GO Ms No 1191(Revenue (ASSN.POT) Department, dated 7-9-2007 fixing the limitation period of 3 years from the date from which the tribal comes to know of the orders appealed against”. Resolution: The TAC approved the Draft Amendments and Resolved to send to His Excellence the Governor of AP for giving necessary notification amending the AP Scheduled Area Land Transfer Regulations 1 of 59 as amended by 1 of 70 and
Proposals were sent to the Government for its approval Vide Ref. No. SOWO3-11036/4/2019-ADMIN-TRIPCO-COTW, 13/06/2019.). For bringing amendments to the LTR Rules 1969 and Ryotwari Settlement Regulations as per the procedure. ( Annexure –V ) ( Page No.106 to 122)
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its Rules 1969 as well as the Mutta Abolition Conversion in to Ryothwari Settlement Regulations 2 of 69 & its Rules and Ryothwari Settlement Regulations 2 of 70 following due procedure. Draft Amendments-Annexure enclosed II.
(Action: Dr Palla Trinadha Rao, Sr.Consultant,SPMU(LTR&PESA Act)
4 PESA Laws:
Bringing the required amendments of the State subject laws and GOs in conformity with the provisions of PESA Act 1996 etc.
While explaining the agenda point, Dr Palla Trinadha Rao, Sr.Consultant reported that the proposed amendments to the State Subject laws and GOs were circulated seeking feedback from various stakeholders including POs of ITDAs, and are being obtained. The TAC permitted to place the required draft amendments by next meeting.
(Action: Sri. Palla Trinadha RaoSr. Consultant, SPMU, LTR&PESA)
Legal drafts were prepared and moved for its approval in relation to the Tribal Welfare Department A meeting was chaired by the Prl. Secretary (Tribal Welfare) with the line departments also. The line departments are coordinated to seek the proposals from them for the required amendments to the existing laws in consonance with the provisions of PESA enactments. Dr Palla Trinadha rao is facilitating the departments to bring the changes to the laws by giving legal drafts. (Annexure – VI) ( Page No 123 to 128 )
5 Issue of community certificates:
Sri. P.Rajanna Dora, MLA raised the issue of YenetiKondalu caste.
Smt. G. Eswari, MLA requested to take steps for the inclusion of the Konda Kummari caste in the list of Scheduled Tribes who have been found in (11) mandals of Paderu Agency Division. Smt. Phaneeswari, Member of TAC stated that no action has been taken all though spurious caste certificate issues were raised in the previous meeting. Prl. Secretary (TW): The Prl. Secretary to Government, Tribal Welfare while responding to the verification of community certificates issues, informed that the ST community certificates shall be issued basing on the recommendation of
The Government has send memo to District Collectors to issue caste certificates to ST Yeneti Konda Community vide Government Memo. No. 9580/CV.2/2014, dated. 18.05.2018. ( Annexure-VII) ( Page No. 129)
Entrusted to Anthropology Department of Andhra University to conduct detailed ethnographic study on Kondakummari Community residing in paaderu Agency division, visakhapatnam. As per the instructions of the Secretary to Govt., (TW) a D.O.Rc.No.1281/TRI/TSV/2015, dt:31.08.2019 and remainder on dt:04.09.2019 & 24.10.2019 addressed to all the District Collectors/POs/DDs/DTWOs for furnishing the information of the
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the DLSC and the action will be taken accordingly.
(Action: Joint Director, TRI) disposal of pending social status cases in DLSC concerned duly fixed the month wise targets. Note:- Received information from DTWO, Kadapa for the month of September 2019 only . Replies from remaining districts are not received so far. ( Annexure- VIII ) ( Page No130 to 131)
5(d) Livelihood issues: The members requested to extend the benefit of the land purchasing scheme further to tribals.
Sri P.Rajanna Dora requested to identify the genuine ST beneficiaries under land purchasing scheme without any deviations of norms.
SriP.Rajanna Dora claimed that some of the influential persons are availing the TRICOR schemes benefitting their family members repeatedly and this kind of sanctions should be avoided in future, and requested for justice to all genuine tribals.
Smt. Kalavathi suggested to implement the financial assistance (Loans) schemes through TRICOR/GCC instead of involving banks, which are creating troubles to tribals.
Land Purchase Scheme is implementing only to the Landless Agriculture ST women. They are identifying as per the Land Purchase Scheme guidelines. They have to apply through online only. Hence no deviation of norms for implementation of Land Purchase Scheme.
(Annexure-IX ) (Page No. 132 to178) No Sir,
TRICOR schemes are implementing through OBMMS only. Once applied in OBMMS and the scheme sanctioned to the beneficiary. The beneficiary &their family members are not eligible for (5) years. After (5) years they are eligible for sanction. The candidates will select based on their eligibility as per guidelines. The Screening-cum-Selection Committee will select the candidates as per the G.O.Ms.No.102, Social Welfare (SCP) Department, dated:04-09-2019. The TRICOR is implementing various Non-Bank linked schemes likeSCA to TSS in convergence with Line Departments, CCDP for development of PvTGs, Innovative/Spl.
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Projects,NSTFDC& Land Purchase scheme for ST landless Agriculture Women beneficiaries. The details of the schemes sanctioned for 2017-18 & 2018-19 are as follows. (Rs. In Cr.)
Scheme 2017-18 2018-19
Phy Fin Phy Fin
SCA to TSS 29055 33.66 61868 87.41
CCDP 1361 19.86 12585 19.56
Innovative/
Spl.
Projects
27166 37.12 77035 51.09
NSTFDC 402 37.20 66 5.82
Land
Purchase
Scheme
12 0.49 146 8.36
Total 57996 128.33 151700 172.24
Smt. Mani Kumari, informed that most of the TRICOR units are not being availed by the beneficiaries which were sanctioned earlier. Necessary action has to be taken. The MD (TRICOR) explained the action being taken to ground the livelihood based schemes.
TAC Chairperson:In response to the queries raised by the
Members of TAC, the Hon’ble Minister for Tribal Welfare, while explaining the importance being given to the economic support schemes to the tribals, he recalled that the Chief Minister himself has been reviewing the situation in SLBC (bankers) meetings to resolve the pending problems in tribal areas with bankers to quickly ground the schemes. He further stated that the revival of NSTFDC scheme has been done. The Hon’ble minister for Tribal Welfare instructed to increase the no. of units and its corresponding beneficiaries.
(Action: MD, TRICOR)
TRICOR is implementing Livelihood based schemes. Most of the beneficiaries are availing TRICOR schemes. Regarding the issue of asking Deposits/Surety from the beneficiaries by the banks, the same was discussed in the SLBC meeting by Prl. Secretary, TW and M.D., TRICOR and instructions given to the bankers that, not to take deposits/surety from the beneficiaries.
Every year, the TRICOR is increasing the targets for coverage to benefit more number of beneficiaries. The District wise targets as follows: (Rs.in Cr.)
S.
No Year
Target
Phy Fin.
1 2017-18 10688 208.96
2 2018-19 16232 311.84
Total 26920 520.80
But, the tribal community members are not able to avail those OBMMS schemes as per the provisions made due to constraints at bankers and some of the selected beneficiaries are also showing unwillingness of take up the units which they have
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applied. The Government has instructed to ground the units or return the subsidy of Non grounded units to concerned corporations. The District wise sanctioned, grounded & Subsidy returned details as follows: (Rs.in Cr.)
S.
No Year
Sanctioned Grounded&
Subsidy Returned
Phy Fin. Phy Fin.
1 2017-18 8043 96.78 6977 83.09
2 2018-19 8169 101.90 4428 54.51
Total 16212 198.68 11405 137.60
The Government is conducting SLBC meetings & Sub-Committee Meetings/DCC meetings for review of the OBMMS Schemes. The District Officers have also been requested to take necessary steps to ground the livelihood schemes which were sanctioned. The POs and DTWOs are conducting regular review meetings with LDMs and Bankers to ground the sanctioned units at the earliest.
5(d) Specific issues: The members of TAC further discussed certain issues concerning various development programs etc in the tribal areas and requested to take action.
To appoint tribals as a Trust Members to the Temples in the Scheduled Areas.
Sri P. Rajanna Dora again stressed the point and proposed for consideration.
The resolution of APTAC has been communicated to endowments Department vide letter dated SoWO3-11040/2/2018-AD3-COTW, dated :01-07-2018 and reminder letter sent on 07-11-2019. Annexure- X ( Page No . 179 to 180)
Sri JeevulaNaik, another member requested for special grant to construct a tribal Community hall at every pilgrim places. The Principal Secretary (TW) agreed in principle to the request.
Action: DD, (Planning), TW
In the 20th Nodal Agency for STC Minutes, it was directed to obtain a new Head of Account to Construction of Community Halls. Accordingly, letter was sent to Government from TSP section and orders are awaited.
Smt. G. Eswari, MLA requested to sanction the pensions to all tribal communities on par with the norms of pension scheme being implemented to PVTGs, before 9th August (Adivasi Day).
The Hon’ble Minister, Tribal Welfare replied that it is under persuasion.
(Action: DD (Planning) , TW)
GO has issued vide Go. Ms. No. 49, Panchayat Raj and Rural Development ( RD – I) Department, dated :10.02.2019.Annexure – XI (Page No. 181 to 182 )
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Smt. Kalavathi, MLA, Palakonda requested to conduct a camp court by the SDC, (TW)Elwinpet to attend the land issues under LTR 1/70. Prl.Secretary: The Prl.Secretary(TW) ensured that he will see the regular camp court will be held by the SDC(TW), Elwinpet at Seethampet as requested.
(Action: SPMU ( LTR & PESA Act))
As per the instructions Camp Court was conducted by the SDC (TW) during the pendency of LTR cases at Seethampet till the month of October 2018. It is reported there are no LTR cases pending in the Srikakulam District now.
Smt. Pheneeswari, MLA requested to fill the backlog vacancies for the posts of concerned officers in order to complete the sanctioned works.
(Action: DD, (Admin) , TW)
The Director of Social Welfare is the Nodal Agency for filling up of SC & ST backlog vacancies Government has issued orders vide U.O. Note . No. 3437/CV.RoR/2011, dated.20.09.2019 extending the time limit for filling up of backlog vacancies of SC/STs for a further period upto 31.03.2020. While communicating the above Government orders, all the District Offices have been requested to take necessary action for filling up of Backlog vacancies within the time limit vide DTW’s Memo Rc. No. SOWO3 – 13021 (37)/124/2019 A Sec – CoTW, dated.15.10.2019. (Annexure -XII ) ( Page No.183to 186 )
Sri. JeevulaNaik, Member , TAC suggested to provide revolving fund to the tribal youth.
(Action: DD, (Planning) , TW) The Prl.Secretary(TW) suggested to get complete training to them
TRICOR is providing revolving funds to Tribal Youth (Male) SERP is providing same to the women.
Smt. G. Eswari, MLA raised the issue that the Contractors are not coming forward to take up road works in the moist areas of Paderu and requested to entrust works on nomination basis. The Prl. Secretary to Govt. assured to pursue the issue with the Government.
(Action: SE. Tribal Welfare)
The Superintending Engineer vide Lr.Rc.No.150/AE/DEE(E)/APTAC/TW dt.4-02-19 informed that Tribal Welfare works Roads/Buildings almost all works response received and agencies settled, perhaps it is for LWE works being executing by R&B PR departments ( Annexure –XIII)( page No. 187 )
Sri. P.Rajanna Dora and Smt. G. Eswari demanded to increase the RJCs seats for the next academic year and requested to sanction one women degree college in Chintapally and one degree college in Nellore for STs. The Principal Secretary to Govt., Tribal Welfare assured to increase the seats in next year. Intervening the discussion, the
As per the request of the Public Representatives & Project Officers, 670 additional seats were sanctioned for this academic year 2019-20 for APTWR Jr. Colleges (Boys & Girls).
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Minister for Tribal Welfare instructed to increase few seats this year and more in next year.
(Action: DD, (Education) , TW)
Smt. Kalavathi requested to upgrade the KGBVs to intermediate level and also sanction additional groups in RJCs like HEC, CEC etc.
In addition to this proposal submitted GoAP to upgrade (6) Res. Schools into RJCs and also proposed to establish (8) new RJCs in view of the demand.
(Annexure – XIV ) (Page . No. 188 )
Smt. G. Eswari, demanded to construct pakka houses to the tribals instead of tiled houses. It was stated that this is under consideration of Government. Smt G.Eswari further raised an issue that the bills are not being paid well in time for the construction of houses and toilets. The Prl. Secretary to Govt. Instructed Director of Tribal Welfare to conduct a review with the Districts to solve the issue.
(Action: MD, (Housing)
The Govt vide G.O. Rt.No.88 Housing (R&UH.A1) dept, dt 17.09.2018 have accorded permission for sanction of new Pucca houses under NTR Rural Housing programme to the beneficiaries who were already covered under Semi Rural Housing Programme (Tiled or AC sheet roofing houses) from the year 1993-94 to 2006-07 and whose houses are under dilapidated condition in the State from out of the Normal/SRQ quota houses allotted to the Assembly constituency/district (copy of the G.O. enclosed) and three districts have been advised to take action accordingly and implement Govt, orders.
Payments are being released as per the physical progress subject to the availability of funds. So far payments released to all beneficiaries upto march, 2019. Regarding payments to toilets, the construction of IHHLs in Agency Mandals of ITDA, Paderu has been taken up by the P.O, ITDA with a higher unit cost of Rs.18000/- and all Housing beneficiaries also covered. Payments are made by ITDA. Annexure – XV (PageNo.189 to 191)
Sri Nimmaka Jaya Krishna raised issue to provide mobile hospitals in the tribal areas.
Bike ambulances are available in all ITDAs.
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The member of APTAC requested to provide ID cards to Yanadis who are involved in collecting forest produce as they have been subjected to harassment by the forest department Officials.
The Project Officer, ITDA ( Yanadis), Nellore has informed that, already provide ID cards to 300 yanadis who are involved in collection of MFPs to avoid harassment by the Forest Department.
( Annexure- XVI )( Page No. 192 )
Smt. Kalavathi and Rajanna Dora requested the information about the tour program of the officials who are visiting the tribal areas, to bring necessary issues to their notice. The Minister of Tribal Welfare assured that, the Project Officers of ITDAs will intimate the tour programmes. (Action: DD (Admin) ,TW)
Tour diaries have been reviewed and may be communicated along with consolidate statements to all POs and concerned MLAs will be invited to the statutory meetings of ITDA by public representatives.
While discussing the RoFR issues, the Minister, Tribal Welfare agreed to conduct a review meeting with forest department officials separately.
( Action: RoFR ,TW)
Dr. MVVSN Murthy, State Coordinator informed that put the file regarding to convening of a review meeting with Forest Department officials (a workshop with all concerned) is circulated with bearing file no.SOW03-11024/65/2019-SPMO-COTW. ( Annexure- XVII )( Page No.193 )
The TAC members demanded for a tribal university.
The vice Chancellor, Andhra University has informed that, the Central Tribal University was proposed to establish at Reli (V) of Vizianagaram District and land was also allocated. Prof. Prasada Reddy was nominated as Mentor, Central Tribal University, Vizianagaram on 31.07.2019. The act of Central Tribal University Andhra Pradesh came into force w.e.f. 05.08.2019 onwards. Which was established under section 3D of Act 15 of 2019 of the Central University (Amendment) Act, 2019. Further as per the instructions of Hon’ble Chief Minister on relocation at Saluru Higher Education is taking action.
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Item No.2: To place the Draft Bill and Act for the establishment of Andhra
Pradesh Commission for Scheduled Tribes to safe guard the interest of the
Scheduled Tribes in the State and for the matters connected there with and
incidental thereto in the meeting.
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DRAFT ACT OF ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
THE ANDHRA PRADESH GAZETTEE
PART IV-B EXTRAORDINARY
PUBLISHED BY AUTHORITY
No. ---- AMARAVATI, --------, JULY ----, 2019
ANDHRA PRADESH ACTS, ORDINANCES AND REGULATIONS Etc.,
The following Act of the Andhra Pradesh Legislative Assembly which was reserved
by the Governor on the ----- ,-----, 2019 for the consideration assent of the President
received the assent of the President on the -----,-----, 2019, and the said assent is hereby
first published on the ------,-----, 2019 in the Andhra Pradesh Gazette for general information.
ACT NO.---- OF 2019
AN ACT TO CONSTITUTE A COMMISSION FOR THE SCHEDULED TRIBES OTHER
THAN SCHEDULED CASTES AND BACKWARD CLASSES IN THE STATE OF ANDHRA
PRADESH AND TO PROVIDE FOR MATTERS CONNECTED THEREWITH OR
INCIDENTAL THERETO.
Be it enacted by the Legislative Assembly of the State of Andhra Pradesh in the
Seventieth Year of the Republic of India as follow:
CHAPTER – 1
PRELIMNARY
1. Short title and Commencement:
1) This Act may be called the Andhra Pradesh State Commission for Scheduled Tribes
Act, 2019.
2) It extends to the whole of the State of Andhra Pradesh.
3) It shall come in to force on such date as the State Government may, by notification,
in the Andhra Pradesh Gazette, appoint.
2. Definitions:
In this Act unless the context otherwise requires.
a) “Chairman” means the Chairman of Andhra Pradesh State Commission for
Scheduled Tribes under Section-5;
16
b) “Commission” means the Andhra Pradesh State Commission for Scheduled
Tribes constituted under Section -3;
c) “Civil Rights” means any right accruing to a person by reason of the abolition of
untouchability by Article 17 of the Constitution.
d) “Disabilities” means those as provided in Article 15 (2) of the Constitution of India.
e) “Government” means the State Government of Andhra Pradesh.
f) “Notification” means a notification published in the Andhra Pradesh Gazette and
the word ‘notified’ shall be construed accordingly;
g) “prescribed” means prescribed by rules made by the Government under this Act.
h) “Scheduled Tribes” shall have the meaning assigned to them under Clause 25 of
Article 366 of the Constitution.
i) “Scheduled Areas” means such areas as the President may by order declare to
be Scheduled Areas under Para 6(1) of the Fifth Scheduled to the Constitution of
India;
j) The words and expression used but not defined in this Act shall have the same
meaning assigned to them in the concerned Act/Regulation/Rules or any other
such Legislation time being
CHAPTER – II
ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
3. Constitution of the Andhra Pradesh State Commission for Scheduled Tribes.
1) The Government shall constitute a permanent body to be known as the Andhra
Pradesh State Commission for Scheduled Tribe to exercise the powers conferred on
and to perform the functions assigned to it under this Act.
2) The shall be a body co-operate having perpetual succession and a common seal, with
power subject to the provision of this Act and Rules made there under, to acquire, hold
and dispose of property and to enter in to contracts and shall in the said name sue and
be sued.
3) The Head quarters of the Commission shall be at Vijayawada/Amaravathi and the
Government may, by notification, specify such other place to be the Head Quarters of
the Commission as may be necessary from time to time.
17
4. Meetings of the Commission:
1) The Commission shall hold ordinary meetings at such places and at such intervals
as may be prescribed and meetings may be convened by the Chairman at any time
for the transaction of any urgent business.
2) Number of members necessary to constitute a quorum of meeting and the
procedure to be followed therein, shall be such as may be prescribed.
5. Composition of the Commission:
1) The Commission shall consists of the following members:
a. A Chairman shall be an eminent person belonging to Scheduled Tribes
preferably from Scheduled Areas to be appointed by the Government; and
b. Not more than five members to be appointed by the Government from amongst
persons of ability, integrity and having outstanding record of selfless service to
the cause of justice for the Scheduled Tribes belonging to Scheduled Tribes
with atleast one member from the primitive Tribal Group, one member from
the tribes from the Plain Area and three members from the Scheduled
Area, and out of which two women members shall be appointed by the
Government.
2) The Secretary shall convene the meetings of the Commission from time to time.
6. Term of office and conditions of service of Chairman and Members:
1) The Chairman or the Members shall, unless otherwise disqualified for continuing as
such under the rules, hold office for a term of three years from the date he/she
assumes office or until he/she attains the age of sixty five (65) years,
whichever is earlier and shall be eligible for re-appointment for a second term only.
2) The Chairman or a Member may by writing under his/her hand addressed to the
Government resign from the office, but he/she shall continue in office till his/her
resignation is accepted by the Government or his/her successor is appointed.
3) The successors so appointed under sub-section (2) shall hold office for remainder of
the term of his predecessor or until he/her attains the age of sixty five (65) years,
whichever is earlier.
4) The Government may remove a person from the office of member, if that person,
a) becomes an undischarged insolvent;
b) is convicted and sentenced to imprisonment for an offence which in the opinion
of the Government involves moral turpitude;
c) becomes of unsound mind and stands so declared by a competent court;
18
d) refuses to act of becomes incapable of acting;
e) without obtaining leave of absence from the Commission, absents himself from
three consecutive meetings of the Commission;
f) has in the opinion of the Government, so abused the position of the member as
to render that person’s continuance in office detrimental to the interest of
Scheduled Tribes in the State or the public interest:
Provided that no person shall be removed under this clause until that person has been
given an opportunity of being heard in the matter.
7. Appointment of officers and other employees of the Commission
1. The Government may appoint the Secretary to the Commission who shall be an
officer of the Government not below the rank of Joint Secretary to Government and
such other officers and employees as may be necessary for the efficient
performance of the functions of the Commission.
2. The salaries and allowances payable to and other terms and conditions of service
of the secretary, officers and other employees appointed for the purpose of the
commission shall be such as may be prescribed.
3. The Secretary shall be the Chief Executive Officer of the Commission and shall
exercise such powers and perform such functions as may be prescribed.
8. Salaries and allowances to be paid out of grants.
The salaries and allowances payable to the Chairman and members should be
commensurate to the status and dignity of the office and the administrative expenses
including salaries, allowances and pensions, payable to the officers and other
employees referred to in Section - 7 shall be paid out of the grants referred to in sub-
section(1) of Section 15.
9. Vacancies etc., not invalidate proceedings of the Commission.
No Act or proceeding of the Commission shall be invalid on the ground merely of the
existence of any vacancy or defect in the constitution of the Commission.
10. Procedure to be regulated by the Commission.
(1) The Commission shall meet as and when necessary at such time and place as the
Chairman may think fit.
(2) The commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be authenticated by the signature of
the secretary or any other officer of the Commission authorized by the Secretary in his
behalf.
19
CHAPTER-III
POWERS AND FUNCTIONS OF THE COMMISSION
11. Powers of the Commission
1. The Commission shall, while performing its functions under section (12) have the
powers of a civil court trying a suit and in particular, in respect of the following
matters namely:-
(i) Summoning and enforcing the attendance of any person from any part
of the State and examining him on oath:
(ii) Requiring the discovery and production of any document,
(iii) Receiving evidence on affidavits:
(iv) Requisitioning any public record or copy thereof from any court or
office
(v) Issuing Commissions for the examination of witness or documents; and
(vi) any other matter which may be prescribed.
2. Central Act 45 of 1860 Central Act 2 of 1974.
Any proceeding before the commission shall be deemed to be a judicial proceeding
within the meeting of sections (192) and (228) of the Indian Penal Code (IPC) and
the Commission shall be deemed to be a court for the purpose of Section (195) of
the code of Criminal Procedure, 1973.
3. The Commission shall have the power to requisition such information, document
and such assistance as may be required from any department of the Government
for the effective implementation of the provisions of this Act.
12. Functions of the Commission
The Commission shall perform the following functions, namely,
a) Inquire: suo motu or on a petition presented to it by a victim or by any person of his
behalf, into complaint of
Central Act 22 of 1955, Central Act 33 of 1989
(i) Violation of any rights provided in the protection of Civil Rights Act 1955
and the Scheduled Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and rules there under or abetment thereof:
(ii) Negligence in the prevention of such violation, by a public servant:
20
(iii) Inquire and recommend to the concerned disciplinary authority to initiate
disciplinary action in cases where the Commission is of the view that any
public servant has been grossly negligent or grossly indifferent in regard to
the discharge of his duties in relation to the protection of the interests of the
Scheduled Tribes.
b) To investigate and monitor all matters relating to the safeguards provided for the
Scheduled Tribes under the Constitution or under any other Law for the time being
in force or under any order of the Government and to evaluate the working of such
safeguards;
c) to evaluate the working of various safeguards and Civil Rights accruing to a person
as stipulated in the Protection of Civil Rights Act, 1955 and the Scheduled
Castes and the Scheduled Tribes (Prevention of Atrocities) Act, 1989 for their
protection of Scheduled Tribes and in Laws and Regulations and any other
orders passed by the union and State Governments, to investigate and monitor all
matters relating to safeguards provided for the Scheduled Tribes under the
Constitution or under any other Law;
d) to make recommendations with a view to ensure effective implementation and
enforcement of all safeguards under protection of Civil Rights Act,1955 and the
Scheduled Castes and the Scheduled Tribes (Prevention of Atrocities) Act,
1989 and other Laws and the Rules;
e) to undertake a review of the implementation of the policies pursued by the union
and the State Governments with respect to the Scheduled Tribes;
f) to look into specific complaints regarding deprivation of rights and safeguards in the
interest of the Scheduled Tribes;
g) to enquire into any unfair practices, take decision thereon and recommend to the
Government the action to be taken in that matter;
h) to spread literacy among various sections of society regarding the protection of
Civil Rights Act, 1955 and the Scheduled Castes and the Scheduled Tribes
(Prevention and Atrocities) Act, 1989 and to promote awareness of the
safeguards available for the protection of these rights through publications the
Media, Seminars and other available means;
i) to conduct Studies, Research and Analysis on the question of avoidance of
discrimination against Scheduled Tribes;
j) to suggest appropriate legal and welfare measures in respect of Scheduled Tribes
to be undertaken by the Government;
k) to enquire into any unfair practice :-
21
i. on receiving a written complaint from any Scheduled Tribe women alleging
that she has been subjected to any unfair practice or on a similar complaint
from her mother or father or sister or brother or from any organization;
ii. to cause investigations or enquiries to be made by the commissioner of Tribal
Welfare on issuance of importance concerning Scheduled Tribes particularly
ST Women and issues concerning unfair practice and to report thereon to the
Government on the corrective measures to be taken;
l) the monitoring of the working of Laws in force concerning Scheduled Tribes women
with a view to identifying the arrears where the enforcement of Laws is not
adequately effective or has not been streamlined and recommending Executive or
Legislative measures to be taken;
m) to invite one or more prominent persons to participate in the meetings of the
Commission to advice on such matters as may be necessary;
n) to encourage the efforts on Non- Governmental organizations and institutions
working in the field of Human Rights and for the upliftment and betterment of
Scheduled Tribes;
o) to make periodical reports at prescribed intervals to the Government;
p) to make in such reports recommendations as to the measures that should be
taken by the union or any state for the effective implementation of those
safeguards and other measures for the protection, Welfare and Socio-
Economic Development of the Scheduled Tribes; and
q) to discharge such other functions in relation to the protection, welfare and
development and advancement of the Scheduled Tribes to the provisions of
any Law;
i. Measures to be taken to prevent alienation of tribal people from land
and to effectively rehabilitate such people in whose case alienation has
already been taken place.
ii. Measures to be taken to safeguard rights of the tribal communities over
mineral resources, water resources etc. as laid down by law.
iii. Measures that need to be taken over conferring ownership rights in
respect of minor forest produce to STs living if forest areas.
iv. Measures to be taken for the development of tribal to plug loopholes
and to work more viable livelihood strategies.
v. Measures to be taken to improve the efficiency of relief and
rehabilitation measures for tribal groups displaced by development
projects.
22
r) to exercise such other powers and perform such other functions as may be
conferred or enjoined upon it by this Act or the rules made there under; and
s) the monitoring of the working of Laws in force concerning Scheduled Tribes women
with a view to identifying the arrears where the enforcement of Laws is not
adequately effective or has not been streamlined and recommending Executive or
Legislative measures to be taken;
13. Annual Report
The commission shall prepare once in every year, in such form at such time as may be
prescribed an annual report giving a true and full account of its activities during the
previous years and copies thereof shall be forwarded to the Government and the
Government shall cause the same to be laid before the Legislative Assembly of the
State along with a Memorandum explaining the action taken or proposed to be taken on
its recommendations and the reasons for the non-acceptance, if any, of such
recommendations.
CHAPTER- IV
FINANCE, ACCOUNTS AND AUDIT
14. Accounts and Audit
(1) The Commission shall maintain proper accounts and other relevant records and
prepare an annual statement of accounts in such from and in such manner as may
be prescribed;
(2) The accounts of the Commission shall be audited by such authority at such times
and in such manner as may be prescribed;
15. Grants by the Government
(1) The Government shall, after due appropriation made by the Andhra Pradesh State
Legislative Assembly by Law in this behalf, pay to the Commission by way of grants
such sums of money as the Government may think fit for being utilized for the
purposes of this Act;
(2) The Commission may spend such sums as it thinks fit for performing the functions
under this Act and such sums shall be treated as expenditure payable out of the grants
referred to in sub-section (1) thereof;
23
CHAPTER – V
MISCELIANEOUS
16. Constitution of Cells
The Government may on the recommendations of the Commission establish a
Library, an Information Cell, Research Cell or such other Cells as may be necessary
from time to time
17. Chairman and Members and other employees to be public servants
The Chairman/Members and employees of the Commission shall be deemed to be
public servants within the meaning of Section-21 of the Indian Penal Code 1860.
18. Power to make Rules
(1) The Government may, by notification, make rules for carrying out all or any of the
purposes of this Acts.
(2) Every Rule made under this Act shall immediately after it is made, be laid before
the Legislature of the State, if it is in session and if it is not in session, in the
session immediately following for a total period of fourteen (14) days which may
be comprised in one session or in two successive sessions, and if, before the
expiration of the session in which it is so laid or the session immediately
following the Legislature agrees in making any modifications in the rule or in
the annulment of the rule, the rule shall from the date on which the
modification or annulment is notified have effect only in such modified form
or shall stand annulled as the case may be, so, however, that any such
modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
24
Draft:
A BILL TO PROVIDE FOR THE ESTABLISHMENT OF ANDHRA PRADESH
COMMISSION FOR SCHEDULED TRIBES TO SAFEGURD THE INTERESTS OF THE
SCHEDULED TRIBES IN THE STATE AND FOR MATTERS CONNECTED THEREWITH
AND INCIDENTAL THERETO
Be it enacted by the Legislative of the State of Andhra Pradesh in the
Seventieth year of the Republic of India as follows:-
CHAPTER-I
PRELIMINARY
Short title and
commencement:
1. 1) This Act may be called the Andhra Pradesh State
Commission for Scheduled Tribes Act, 2019.
2) It extends to the whole of the State of Andhra Pradesh.
3) It shall come in to force on such date as the State
Government may, by notification, in the Andhra Pradesh
Gazette, appoint.
Definition: 2. In this Act unless the context otherwise requires.
a) “Chairman” means the Chairman of Andhra Pradesh State
Commission for Scheduled Tribes under Section-5;
b) Commission” means the Andhra Pradesh State
Commission for Scheduled Tribes constituted under
section -3;
c) “Civil Rights” means any right accruing to a person by
reason of the abolition of untouchability by Article 17 of the
Constitution.
d) “Disabilities” means those as provided in Article 15 (2) of
the Constitution of India.
e) “Government” means the State Government of Andhra
Pradesh.
f) “Notification” means a notification published in the Andhra
Pradesh Gazette and the word ‘notified’ shall be construed
accordingly;
g) “prescribed” means prescribed by rules made by the
Government under this Act.
25
h) “Scheduled Tribes” shall have the meaning assigned to
them under Clause 25 of Article 366 of the Constitution.
i) “Scheduled Areas” means such areas as the President
may by order declare to be Scheduled Areas under Para
6(1) of the Fifth Scheduled to the Constitution of India;
j) The words and expression used but not defined in this Act
shall have the same meaning assigned to them in the
concerned Act/Regulation/Rules or any other such
Legislation time being
CHAPTER –II
ANDHRA PRADESH STATE COMMISSION FOR SCHEDULED TRIBES
Constitution of
the Andhra
Pradesh State
Commission for
Scheduled
Tribes.
3. 1) The Government may, by notification, constitute a permanent
body to be known as the Andhra Pradesh State Commission for
Scheduled Tribe to exercise the powers conferred on, and to
perform the functions assigned to it under the Act.
2) The Commission shall be a body co-operate having perpetual
succession and a common seal, with power, subject to the
provisions of this Act and Rules made there under, to acquire,
hold and dispose of property and to enter in to contracts and
shall in the said name sue and be sued.
3) The Head quarters of the Commission shall be at
Vijayawada/Amaravathi and the Government may, by
notification, specify such other place to be the Head Quarters of
the Commission as may be necessary from time to time.
Meetings of the Commission:
4 1) The Commission shall hold ordinary meetings at such
places and at such intervals as may be prescribed and
meetings may be convened by the Chairman at any time for
the transaction of any urgent business.
2) Number of members necessary to constitute a quorum
of meeting and the procedure to be followed therein,
shall be such as may be prescribed.
Composition of
the
Commission:
5 1) The Commission shall consists of the following
members:
26
a. A Chairman shall be an eminent person belonging to
Scheduled Tribes preferably from Scheduled Areas to
be appointed by the Government; and
b. Not more than five members to be appointed by the
Government from amongst persons of ability, integrity
and having outstanding record of selfless service to the
cause of justice for the Scheduled Tribes belonging to
Scheduled Tribes with atleast one member from the
primitive Tribal Group, one member from the tribes
from the Plain Area and three members from the
Scheduled Area, and out of which two women members
shall be appointed by the Government.
2) The Secretary shall convene the meetings of the
Commission from time to time.
Term of office
and conditions
of service of
Chairman and
Members:
6 1) The Chairman or the Members shall, unless otherwise
disqualified for continuing as such under the rules, hold office
for a term of three years from the date he/she assumes
office or until he/she attains the age of sixty five (65)
years, whichever is earlier and shall be eligible for re-
appointment for a second term only.
2) The Chairman or a Member may by writing under his/her
hand addressed to the Government resign from the office,
but he/she shall continue in office till his/her resignation is
accepted by the Government or his/her successor is
appointed.
3) The successors so appointed under sub-section (2) shall hold
office for remainder of the term of his predecessor or until
he/her attains the age of sixty five (65) years, whichever
is earlier.
4) The Government may remove a person from the office of
member, if that person,
a) becomes an undischarged insolvent;
b) is convicted and sentenced to imprisonment for an
offence which in the opinion of the Government involves
moral turpitude;
c) becomes of unsound mind and stands so declared by a
27
competent court;
d) refuses to act of becomes incapable of acting;
e) without obtaining leave of absence from the Commission,
absents himself from three consecutive meetings of the
Commission;
f) has in the opinion of the Government, so abused the
position of the member as to render that person’s
continuance in office detrimental to the interest of
Scheduled Tribes in the State or the public interest:
Provided that no person shall be removed under this clause until
that person has been given an opportunity of being heard in the
matter.
Appointment of
officers and
other employees
of the
Commission
7 1. The Government may appoint the Secretary to the
Commission who shall be an officer of the Government not
below the rank of Joint Secretary to Government and such
other officers and employees as may be necessary for the
efficient performance of the functions of the Commission.
2. The salaries and allowances payable to and other terms and
conditions of service of the secretary, officers and other
employees appointed for the purpose of the commission
shall be such as may be prescribed.
3. The Secretary shall be the Chief Executive Officer of the
Commission and shall exercise such powers and perform
such functions as may be prescribed.
Salaries and
allowances to be
paid out of
grants.
8 The salaries and allowances payable to the Chairman and
members should be commensurate to the status and dignity of the
office and the administrative expenses including salaries,
allowances and pensions, payable to the officers and other
employees referred to in Section - 7 shall be paid out of the
grants referred to in sub-section(1) of Section 15.
Vacancies etc.,
not invalidate
proceedings of
the Commission.
9 No Act or proceeding of the Commission shall be invalid on the
ground merely of the existence of any vacancy or defect in the
constitution of the Commission.
Procedure to be
regulated by the
10 (1) The Commission shall meet as and when necessary at such
28
Commission.
time and place as the Chairman may think fit.
(2) The commission shall regulate its own procedure.
(3) All orders and decisions of the Commission shall be
authenticated by the signature of the secretary or any other
officer of the Commission authorized by the Secretary in his
behalf.
CHAPTER – III
POWERS AND FUNCTIONS OF THE COMMISSION
Powers of the
Commission
11 1. The Commission shall, while performing its functions
under section (12) have the powers of a civil court
trying a suit and in particular, in respect of the following
matters namely:-
(i) Summoning and enforcing the attendance of
any person from any part of the State and
examining him on oath:
(ii) Requiring the discovery and production of
any document,
(iii) Receiving evidence on affidavits:
(iv) Requisitioning any public record or copy
thereof from any court or office
(v) Issuing Commissions for the examination of
witness or documents; and
(vi) any other matter which may be prescribed.
2. Central Act 45 of 1860 Central Act 2 of 1974.
Any proceeding before the commission shall be deemed
to be a judicial proceeding within the meeting of sections
(192) and (228) of the Indian Penal Code (IPC) and the
Commission shall be deemed to be a court for the
purpose of Section (195) of the code of Criminal
Procedure, 1973.
3. The Commission shall have the power to requisition
such information, document and such assistance as
may be required from any department of the
Government for the effective implementation of the
provisions of this Act.
29
Functions of the
Commission
12 The Commission shall perform the following functions,
namely,
a) Inquire: suo motu or on a petition presented to it by a
victim or by any person of his behalf, into complaint of
Central Act 22 of 1955, Central Act 33 of 1989
(i) Violation of any rights provided in the protection
of Civil Rights Act 1955 and the Scheduled
Castes and Scheduled Tribes (Prevention of
Atrocities) Act, 1989 and rules there under or
abetment thereof:
(ii) Negligence in the prevention of such violation, by
a public servant:
(iii) Inquire and recommend to the concerned
disciplinary authority to initiate disciplinary action
in cases where the Commission is of the view
that any public servant has been grossly
negligent or grossly indifferent in regard to the
discharge of his duties in relation to the
protection of the interests of the Scheduled
Tribes.
b) To investigate and monitor all matters relating to the
safeguards provided for the Scheduled Tribes under the
Constitution or under any other Law for the time being in
force or under any order of the Government and to
evaluate the working of such safeguards;
c) to evaluate the working of various safeguards and Civil
Rights accruing to a person as stipulated in the
Protection of Civil Rights Act, 1955 and the
Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 for their
protection of Scheduled Tribes and in Laws and
Regulations and any other orders passed by the
union and State Governments, to investigate and
monitor all matters relating to safeguards provided for
the Scheduled Tribes under the Constitution or under
any other Law;
30
d) to make recommendations with a view to ensure
effective implementation and enforcement of all
safeguards under protection of Civil Rights Act,1955
and the Scheduled Castes and the Scheduled Tribes
(Prevention of Atrocities) Act, 1989 and other Laws
and the Rules;
e) to undertake a review of the implementation of the
policies pursued by the union and the State
Governments with respect to the Scheduled Tribes;
f) to look into specific complaints regarding deprivation of
rights and safeguards in the interest of the Scheduled
Tribes;
g) to enquire into any unfair practices, take decision
thereon and recommend to the Government the action
to be taken in that matter;
h) to spread literacy among various sections of society
regarding the protection of Civil Rights Act, 1955 and
the Scheduled Castes and the Scheduled Tribes
(Prevention and Atrocities) Act, 1989 and to promote
awareness of the safeguards available for the protection
of these rights through publications the Media, Seminars
and other available means;
i) to conduct Studies, Research and Analysis on the
question of avoidance of discrimination against
Scheduled Tribes;
j) to suggest appropriate legal and welfare measures in
respect of Scheduled Tribes to be undertaken by the
Government;
k) to enquire into any unfair practice :-
i. on receiving a written complaint from any
Scheduled Tribe women alleging that she has
been subjected to any unfair practice or on a
similar complaint from her mother or father or
sister or brother or from any organization;
ii. to cause investigations or enquiries to be made by
the commissioner of Tribal Welfare on issuance of
31
importance concerning Scheduled Tribes
particularly ST Women and issues concerning
unfair practice and to report thereon to the
Government on the corrective measures to be
taken;
l) the monitoring of the working of Laws in force
concerning Scheduled Tribes women with a view to
identifying the arrears where the enforcement of Laws is
not adequately effective or has not been streamlined
and recommending Executive or Legislative measures
to be taken;
m) to invite one or more prominent persons to participate in
the meetings of the Commission to advice on such
matters as may be necessary;
n) to encourage the efforts on Non- Governmental
organizations and institutions working in the field of
Human Rights and for the upliftment and betterment of
Scheduled Tribes;
o) to make periodical reports at prescribed intervals to the
Government;
p) to make in such reports recommendations as to the
measures that should be taken by the union or any
state for the effective implementation of those
safeguards and other measures for the protection,
Welfare and Socio- Economic Development of the
Scheduled Tribes; and
q) to discharge such other functions in relation to the
protection, welfare and development and
advancement of the Scheduled Tribes to the
provisions of any Law;
i. Measures to be taken to prevent alienation of
tribal people from land and to effectively
rehabilitate such people in whose case
alienation has already been taken place.
32
ii. Measures to be taken to safeguard rights of
the tribal communities over mineral
resources, water resources etc. as laid down
by law.
iii. Measures that need to be taken over
conferring ownership rights in respect of
minor forest produce to STs living if forest
areas.
iv. Measures to be taken for the development of
tribal to plug loopholes and to work more
viable livelihood strategies.
v. Measures to be taken to improve the
efficiency of relief and rehabilitation measures
for tribal groups displaced by development
projects.
r) to exercise such other powers and perform such other
functions as may be conferred or enjoined upon it by
this Act or the rules made there under; and
s) the recommendations of National Commission for
Scheduled Castes and Scheduled Tribes will prevail in
case of conflicting recommendations on the same issue
by the Andhra Pradesh State Commission for
Scheduled Tribes and the National Commission for
Scheduled Tribes;
Annual Report
13 The commission shall prepare once in every year, in such form
at such time as may be prescribed an annual report giving a
true and full account of its activities during the previous years
and copies thereof shall be forwarded to the Government and
the Government shall cause the same to be laid before the
Legislative Assembly of the State along with a Memorandum
explaining the action taken or proposed to be taken on its
recommendations and the reasons for the non-acceptance, if
any, of such recommendations.
33
CHAPTER- IV
FINANCE, ACCOUNTS AND AUDIT
Accounts and
Audit
14 (1) The Commission shall maintain proper accounts and
other relevant records and prepare an annual
statement of accounts in such from and in such
manner as may be prescribed;
(2) The accounts of the Commission shall be audited by
such authority at such times and in such manner as
may be prescribed;
Grants by the
Government
15 (1) The Government shall, after due appropriation made by the
Andhra Pradesh State Legislative Assembly by Law in this
behalf, pay to the Commission by way of grants such sums
of money as the Government may think fit for being utilized
for the purposes of this Act;
(2) The Commission may spend such sums as it thinks fit for
performing the functions under this Act and such sums
shall be treated as expenditure payable out of the grants
referred to in sub-section (1) thereof;
CHAPTER – V
MISCELIANEOUS
Constitution of
Cells
16 The Government may on the recommendations of the
Commission establish a Library, an Information Cell,
Research Cell or such other Cells as may be necessary from
time to time
Chairman and
Members and
other employees
to be public
servants
17 The Chairman/Members and employees of the Commission
shall be deemed to be public servants within the meaning of
Section-21 of the Indian Penal Code 1860.
Power to make
Rules
18 (1) The Government may, by notification, make rules for
carrying out all or any of the purposes of this Acts.
34
(2) Every Rule made under this Act shall immediately
after it is made, be laid before the Legislature of the
State, if it is in session and if it is not in session, in the
session immediately following for a total period of
fourteen (14) days which may be comprised in one
session or in two successive sessions, and if,
before the expiration of the session in which it is
so laid or the session immediately following the
Legislature agrees in making any modifications in
the rule or in the annulment of the rule, the rule
shall from the date on which the modification or
annulment is notified have effect only in such
modified form or shall stand annulled as the case
may be, so, however, that any such modification or
annulment shall be without prejudice to the validity
of anything previously done under that rule.
35
Item No.3: Declaration of New Scheduled Areas: It needs to initiate for
declaring 554 villages as Scheduled Areas. The Ministry of Tribal Affairs, Government of India requested to furnish a
proposal for a notification of Scheduled Areas after bifurcation of the
united Andhra Pradesh State in 2014.
Under Article 244(1) of Para 6, the President may declare Scheduled Areas
on the recommendation of the Governor of the state. The criteria followed
for declaring an area as Scheduled Area are:(a) preponderance of tribal
population;(b) compactness and reasonable size of the area; (c) under-
developed nature of the area; and (d) marked disparity in economic
standard of the people
There are about 554 proposed Non Scheduled Villages to be included in the
Scheduled Areas of residuary Andhra Pradesh State.
S.No Name of the District
Proposed to be notified & declared as Scheduled Areas
No. of Mandals No. of Village
1 Srikakulam 13 240
2 Vizianagaram 14 182
3 Vishakapatnam 8 91
4 West Godavari 1 1
5 East Godavari 3 40
Grand total 39 554
Therefore there is need to finalise the proposals and send to the
Government, enabling it to resubmit the same to the Ministry of Tribal
Affairs, Government of India for its approval.
36
554 villages proposed for inclusion in the Scheduled Area of AP S.
No District ITDA Sl. Mandal S.
No Proposed Village
1 Srikakulam Seethamepeta 1 Seethampeta 1 Katraguda 2 Keesarijodu 3 Chinabagga 4 Pedabagga 5 Marrioadu 6 Gudangi 7 Savidivalasa 8 Tumbali 9 Neligonda
10 Putikivalasa 11 Pandra 12 Lada 13 Garabanda 14 Sirikondapoppangi 15 Benaraji 16 Medubangi 17 Kondada 18 Eswarari 19 Savaraguda 20 Chintada 21 Upparajammi 22 Somagandi 23 Haddubhangi 24 Billumada 25 Gorapadu 26 Gumada 27 Mukundapuram 28 Puliputti
2 Kothuru 1 Mahasingi 2 Badigam 3 Labba 4 Rajapuram 5 Addangi 6 Cheepurupalle 7 Abalasingi 8 Butalaguda 9 Gottipalli
10 Rayala 11 Boddaguda 12 Alti
3 Pathapatnam 1 Santhoshapuram 2 Peddasunnapuram 3 Savarasiddamadugu 4 Chinnakinga
37
5 Bonni 6 Adinarayanapeta 7 Sorlangi 8 Nallabonthu 9 Mamidipalle
10 Bydalapuram 11 Bevarthapuram 12 Shoba 13 Soda 14 Samahantakothuru 15 Gandhamsariya 16 Pittalasariya 17 Kommakothuru 18 Devudala 19 Venkatapuram 20 Sankarasari 21 Stuvartupeta 22 Mangammapalem 23 Koduru 24 Kotturu 25 Bhagantra 26 Rankini 27 Peduru 28 Gopalapuram 29 Bommika 30 Gittangi 31 Lova 32 Dugurajapuram 33 Sistujagannadhapuram 34 Konangi 35 Kotturu
4 Hiramandalam 1 Konduru 2 Solipi 3 Kiridivalasa 4 Puttigam 5 Antili 6 Dugarajapuram 7 Bommika 8 Lokonda 9 Uvvajola
10 Godiyapadu 11 Mamidijola 12 Nimmalapadu 13 Majjigudem 14 Lingupuram 15 Tallapadu 16 Povvalakonda
38
17 Neradiguda 18 Kopiriguda 19 Satyajagannadhapuram 20 Boddavalasalova 21 Anthakapalli
5 Bhamini 1 Palavalasa 2 Manumakonda 3 Pakkudibadra 4 Savarapadu 5 Kottaguda 6 Bommika 7 Maniga 8 Gajapatinagaram 9 Hattikotturu
10 Sativada 6 Veeraghattam 1 Kumbidichapuram
2 Pedduru 3 Chinagora
7 Palakonda 1 Sirikonda 2 Chinakotapalli 3 Jamparakota 4 Voni 5 Gudivada
8 Sarabujjili 1 Jambada 2 Garlapadu 3 Kothapeta 4 Parvathipuram 5 Vennelavalasa 6 Sriramvalasa 7 Saradam
9 Saravakota 1 Savaramaluva 2 Dasupuram 3 Savarabonthu 4 Bydalapuram 5 Poppangi 6 Gopalapuram7 7 Jagannadhapuram 8 Agathapuram 9 Raiwada
10 Musilipadu 11 Tharli 12 Chinnalamba 13 Purushothakarra 14 Jarali 15 Mulipalem 16 Kommuvalasa 17 Karadasingi
39
18 Marripadu 19 Burjuwada
10 Burja 1 Bodalapadu 2 Jangalapadu 3 Masenaputhi 4 Jogipaduvenkaputam 5 Adduripeta 6 Sumidavalas 7 Gopidevipeta 8 Issadivalasa 9 Kottavalasa
10 Haripuram Pallapuram 11 Kondapeta
11 Meliaputti 1 Kommuru 2 Chintapalle 3 Ampuram 4 Penguvada 5 Rompi 6 Anatagiri 7 Nelabonthu 8 Illaipuram 9 Pogadavalli
10 Sanipalem 11 Deenabandhupuram 12 Parasurampuram 13 Mukundapuram 14 Gopenadhapuram 15 Chinnagumda 16 Baleru 17 Bagda 18 Jagannadhapuram 19 Singupuram 20 Rayikola 21 Mara 22 Bharanikota 23 Kodukoligam 24 Sarasekharapuram 25 Kapukolingam 26 Sontoshapuram 27 Thangiri 28 Savarachipurupalle 29 Nandava 30 Heerapuram 31 Peddamadi 32 Parasurampuram 33 Bellupadu 34 Pandirilova
40
35 Panasaghati 36 Dasupuram 37 Malapeta 38 Masalapuram 39 Gedalapoluru 40 Degalapouru 41 Kotturu 42 Bondapalle 43 Kerasingi 44 Venkatapuram 45 Chinasunnapuram 46 Dabaru 47 Chandangiri 48 Haddivada 49 Mutyanibonthu 50 Gottipalle 51 Bourasingi 52 Peddakedari 53 Tumukonda Banjar 54 Tumukonda
ramachandrapuram 55 Rangadughati 56 Savarajadupalle 57 Dabbaguda 58 Archanpuram 59 Nandalapadu 60 Pustalavara 61 Naidupoluru 63 Ramachandrapuram 64 Pullangineradilova 65 Sanjjanpuram
12 Tekkali 1 Palasingi 2 Chirutanapalle 3 Mokhalingapuram 4 Damara 5 Chintamani (Alias
Nuvvaguddi) 6 Bheempuram 7 Raipadu
13 Nandigam 1 Jayapuram 2 Sontinuru 3 Chinaguruvuru 4 Moglipadu 5 Savaralingapuram 6 Peddaguruvuru 7 Savararampuram 8 Mukundapuram
41
9 Venkatapuram 10 Malliveedu
11 Beniavuru
12 Karajada
13 Saravakothuru
14 Kandulagudem
15 Bharathapuram
16 Bhairiboddapadu
17 Bellukhole
2 Vizianagaram Parvathipuram 1 Gummalaxmipuram
1 Chintalapadu 2 Lovalashmipuram 3 Duddukallu
2 Kurupam 1 Gummidiguda 2 Dandusura 3 Tekharakhanti
3 Komarada 1 Kuneru 2 Saruvuduguda 3 Aluvada 4 Ulipiri 5 Pedakarjala 6 Seethamambapuram 7 Chinakarjala 8 Devukona 9 Sarvapadu
10 Banjukuppa 11 Regulapadu 12 Ankullavalasa 13 Sundarapuram 14 Sikhavaram 15 Koriseela 16 Daugabhadra 17 Labasu 18 Kemiseela 19 Konavalasa 20 Nandapuram 21 Ravikonda 22 Pujariguda 23 Rayapuram 24 Marriguda 25 Palem 26 Puligummi 27 Poornapadu
4 Pachipenta 1 Viswanadhapuram 2 Panukuvalasa 3 Bobbilivalasa
42
4 Pedavalasa 5 Padmapuram 6 Kunambandamvalasa 7 Garlavalasa 8 Untambadevalasa 9 Aluru
10 Garellavalasa(Pedavalasa)
11 Kudumuri(Kondataduru)
12 Kondataduru 13 Saraivalasa 14 Nanda 15 Pudi 16 Mithrivalasa 17 Mallapurajupeta
5 Saluru 1 Sirivara 2 Surapadu 3 Poyimala 4 Gunjai 5 Chintamala 6 Bandapai 7 Masikachintalavalasa 8 Chora 9 Kodama
10 Mudangi 11 Jaggadoravalasa 12 Thunda 13 Chinvutagadda 14 Mavudi 15 Kolluparuvu 16 Sariki 17 Thonam 18 Mucherlavalasa 19 Kandulapadam 20 Bhutalakarrivalasa 21 Mikhasadandigau 22 Mulakkaivalasa 23 Kurukutti 24 Gurrapuvalasa 25 Dattivalasa 26 Kuddadavalasa 27 Annamrajuvalasa 28 Pandirimamidivalasa 29 Yeduladandigam 30 Gedelavalasa 31 Narlavalasa
43
32 Antivalasa 33 Tupakivalasa 34 Kondakarakavalasa 35 Kondakarakavalasa at
Janavarivalasa 36 Kharamavalasa 37 Dagaravalasa 38 Kottavalasa 39 Guruvunayanipeddaval
asa 40 Mugadavalasa 41 Pedapadava 42 Laximpuram 43 Chemudipatipalem 44 Maripalle
6 Makkuva 1 Mandangi 2 Guntabhadra 3 Duggeru 4 Alagaruvu 5 Belugonda 6 Mulavalasa 7 Panasa Bhadra 8 Yerrasamanthulavalasa 9 Nandaboddavalasa
10 Nandakotula 11 Saraivalasa 12 Anasabhadra 13 Vijayarampuram 14 Lovarkhandi 15 Pedaghasila 16 Kondapallivalsa 17 Khavirivalasa 18 Chinnamrajuvalasa 19 Singamdoravalasa 20 Banthumakkuva 21 Mukavalasa 22 Battivalasa 23 Markondaputti 24 Peethalavalasa 25 Seebillipedavalasa 26 Sanyasirajupuram 27 Nagulladabbagadda
7 Paravathipuram 1 Pedamarki 2 Chandalandiravikonda 3 Battivalasa 4 Gangamambapuram 5 Adduruvalasa
44
6 Radhampeta 7 Dokiseela 8 Buduruvada 9 Adaru
10 Tonki 11 Donkalakothapatnam 12 Tadangivalasa 13 Mulaga 14 Venkatanissankapuram 15 Gochekka
8 Jiyyammavalasa 1 Kutampandrasingi 2 Lovagangarajapuram 3 Tamarakandijammu 4 Pedadodija 5 Chinadodija 6 Maruvada 7 Ravada 8 Arnada 9 Sarapudoravalasa
9 Mentada 1 Kunenu 2 Seelavalasa 3 Thimuruvalasa 4 Mirthivalasa 5 Ganjamguddivalasa 6 Kondalingalavalasa 7 Nikkalavalasa 8 Lothugedda 9 Vankasomidi
10 Poramlova 11 Puligummi
10 Srungavarapukota
1 Mushidipalle 2 Cheedipalem 3 Mulaboddavara 4 Gunapadu 5 Kuiridi 6 Daraparlhi 7 Marupalli
11 Bondapalli 1 M.K.Palem 2 Veduruvada
12 Ramabhadrapuram
1 Ravivalasa 2 Yenubaruva 3 Lollarapadu 4 Pedabelgam 5 R.Chintalavalasa 6 Mulachelagam 7 Chandapuram 8 Rompallivalasa
45
13 Gantyada 1 Yeguvakondaparthi 2 Diguvakondaparthi 3 Addatigala 4 Alaparthi 5 Jadderu 6 Bhimavaram
14 Vepada 1 Marika 2 Pedadungada
3 Visakhapatnam Paderu 1 Ananthagiri 1 Rabhapalem 2 Boddaguda 3 Chippapalli 4 Pankurti 5 Gujjali 6 Bheemavaram 7 Dummakota 8 Lokulavalasa 9 Billakota
10 Gottupadu 11 Buruga 12 Chinnakonela 13 Y.S.R.Puram 14 Kotapariti 15 Bongija 16 Pedakonela 17 Narasimharajupuram 18 Penaraba 19 Rompalli 20 Chittodivalasa 21 Chinaburuga 22 R.P.Puram 23 Gudem 24 Konda venkatapuram 25 Pasimi 26 Marrivalasa 27 Bheempolu 28 Nadgakota 29 Garuvubilli 30 Etakuttavalasa 31 Dagaravalasa 32 Paidiparthi 33 Singavaram 34 Dabbalapadu 35 Saripalli 36 Pallapadu
2 Nathavaram 1 Chinnajaggampeta 2 Donkada Agraharam
3 Golugonda 1 Pogachetlapalem
46
2 Jammadevipeta 3 Karaka 4 Wadaparthi 5 Jammavaram 6 Kasimi 7 Seethakandi 8 Mungarlapalem
4 Devarapally 1 Sammeda 2 Chintalapudi 3 Tamarabba 4 Lovamukundapuram 5 Boddapadu 6 Pallapukodabu 7 Kondakodabu 8 Lovarayapurajupeta 9 Gorupalem
10 Pedasompuram 11 Chinasompuram 12 Valabu
5 Madugula 1 Tatiparthi 2 Sankaram 3 Kurmanadhapuram 4 Logavaravaram 5 Avuruwada 6 Tiruwada 7 Sanghyam 8 Pedagorrigedda 9 Chinagorrigedda
10 Pedasharda 11 Ankooru 12 Kagita 13 Lovaponnovolu 14 Lovakrishnapuram 15 Lovakottapalli 16 Kamakutam 17 Goppupalem 18 Pittagedda 19 Ravipalem 20 Maddulapalem 21 Degalapalem
6 Ravikamatam 1 Dharmavaram 2 Chinlapadu 3 Chalisingam singam@
Devedukonda 7 Cheedikada 1 Konam 8 Rolugunta 1 Vedullavalasa
2 Y.B.Patnam
47
3 Losingi 4 Arla 5 Panasalapadu 6 Gangavaram 7 Koruprolu 8 Peddapeta
4 East Godavari RC Varam 1 Sankavaram 1 Avethi 2 Anumarthi 3 Ondregula 4 Ammirekula 5 Pedamallapuram 6 D. Mallapuram 7 Polavaram 8 Yerakapuram 9 Ankampalem
10 D.J.Puram 11 Siddavaripalem 12 Srungadhara 13 Raja ram 14 Gondhi 15 Masampalle
2 Prathipadu 1 Gokavaram 2 Vanthada 3 Mettuchintha 4 Seemanuru 5 Thotakurapalem 6 Girijanapuram 7 Kondapalle 8 Uligogula 9 Buradakota
10 M. Mirthivada 11 Bapandhara 12 Pandavulapalem 13 Podrupaka 14 Bavurupaka
3 Kotanandur 1 Ginnelaram 2 Padduru 3 Sarlanka 4 Dabbadi 5 Satyavaram 6 Raghavapatnam 7 Chelluru 8 Zaladam 9 D. Pydipala
10 Chakirevulapalem 11 Diguvadarapalle
5 West Godavari KR Puram 1 Koyyalagudem 1 Mahadevapuram
48
Item No.4: Displacement-Resettlement & Rehabilitation: Also there is need
to relax the criteria for declaring the Scheduled Areas to cover and notify the newly relocated places under R&R as Scheduled Areas.
Scheduled Tribes are displaced under different projects being taken by the
Government. Providing Integrated Rehabilitation and Resettlement which
has become often the major issue concerning the Scheduled Tribes.
As per the Policy on Resettlement and Rehabilitatoin for Project Affected
Families (GO Ms No 68 dated 8th April, 2005) the tribal Project Affected
Persons “shall enjoy all the constitutional benefits at new settlement also
to which they were entitled to at the village that was acquired for the
Project”.
The Fifth Schedule of the Constitution refers to administration and control
over the Scheduled Areas (SAs) and Scheduled Tribes (STs) in the State.
The Governor is empowered to may make regulations for the peace and
good governance in the scheduled areas or modify any law made by either
the State Assembly or Parliament.
The constitutional benefits concerning the tirbals, including the Regulations
or Notifications ( For Example LTR, GO Ms No 3 etc.) promulgated under
Fifth Schedule to the Constituion of India are extended only to the
Scheduled Areas. Therefore the displaced tribals can not secure
constitional benefits at new settlement colonies as contemplated under
the R&R Policy if the relocations fall in the non- scheduled areas. They
have to lose all the consitutional benefits that they were enjoying in the
scheduled villages.
The criteria followed for declaring an area as Scheduled Area are:(a)
preponderance of tribal population;(b) compactness and reasonable size of
the area; (c) under-developed nature of the area; and (d) marked disparity
in economic standard of the people.
Therefore there is need to relax the pre conditions to declare the
Scheduled Areas in the case of Rehabilitation and Resettlment colonies
constructed for the displaced tribals in the non scheduled areas if there is
no preferrable place available within the scheduled area. The crtieria may
be extended to the “displaced tribal families” under the Projects and their
“new settlement area”.
49
Item No.5: Forest Rights Act 2006-Extension and Re-fixation of cutoff date 13-
12-2005 envisioned u/s 4(3): There is imperative need to amend section 4(3) of FRA, 2006 and the corresponding rules thereof, to extend and re-fix the cutoff date (13-12-2005) as 01.01.2008, the date of from which the “Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Right)”, Rules 2007 came in to force.
Extension and re-fixation of cut-off date i.e. 13-12-2005, (eligibility for
submitting claims by ST claimants who were in occupation and cultivation /
habitation in Forest land under ROFR), on the following grounds
1) The Forest Dwelling STs have been residing in forests for generations
together and their rights could not be recorded all through and
consequentially a serious historical injustice is yet to be removed.
2) Enactment of FRA is intended to recognize the rights of poorest of the
poor and most marginalised subjects of this land. The process is still
going on.
3) The marginalised forest dwelling groups are unaware of their rights
under the Act despite publicity, conventional method of communication
like beat of drums, display of notices etc. They are yet to be educated to
exercise their rights. It is for this reason imposing of cut-off date to
submit their claims to the Grama Sabha is not contemplated in the FRA,
2006, as it would tantamount to penalising them for their ignorance of
law and inadequate communication of their Forest Rights.
4) The claimants are also found to have made their claims for Forest Rights
for cultivation / habitation, but the forest lands are being cultivated
after the cut-off date i.e. 13-12-2005. These claims are however
rejected as they were not in cultivation prior to 13-12-2005. According
to 2(C) of FRA, were becoming eligible for recognition of Forest Rights
under FRA, three conditions need to be satisfied by the claimants who
could be either individuals or community. the three conditions are
a) Must be a Schedule Tribe in the area where the right is claimed,
b) The claimants, primarily, must have resided in forests or forests
land prior to 13-12-2005 and
c) They should have depended on the forest or forest land for
bonafide livelihood needs
Though they are satisfying conditions B & C above, the claimants
are cultivating the forest lands, for having cultivating the Forest
50
lands after the cut-off date, their claims are being rejected. If the
cut-off date is extended such claims can also be entertained.
5) In the election manifesto, the Forest Dwelling STs are assured of
providing Forest Rights on the Forest Land to more number of STs.
There has been overwhelming response from the Forest Dwelling STs.
These STs are fondly aspiring to have the rights on forest land conferred
on them.
6) U/s 5 of FRA, 2006, the duties of the beneficiaries under ROFR are
comprehensively dealt with. The duties and responsibilities inter-alia
include protection of Wild Life, Bio Diversity, Water Resources, other
ecological sensitive areas besides preservation of Traditional Cultural
and natural heritage of STs from destructive practices. Re-fixation of
cut-off date will not only enable more number of Forest Dwelling STs to
have their Forest Rights protected but also ensures enhancement in
forest cover.
7) The school of thought from certain corners that, conferment of Forest
Rights on the Forest Dwelling STs will gradually erode the forest cover,
has no substance and force, since the beneficiaries have been given
duties and responsibilities U/s 5 of the FRA, 2006 to protect the forest
cover.
8) There is an imperative need to consider extension and re-fixation of
the cut-off date from 13-12-2005 to 01-01-2008. The date from which
Schedule Tribes and Other Forest Dwellers (Recognition of Forests
Rights) Rules, 2007 came in to force is 01-01-2008 and hence proposed
to extend the cut-off date up to 01-01-2008.
51
Item No.6 : Approval of Agency Administration Reports for the year 2017-18
and 2018-19.
The draft Agency Administration reports of Scheduled areas in A.P. for
the years 2017-18 & 2018-19 are placed before the council for approval.
52
2017-18
The report on the Administration of Scheduled Areas in Andhra Pradesh for
the year 2017-2018 as required under the para-3 of the Vth Schedule to the
Constitution of India has been prepared as per the guidelines issued by the
Government of India.
AREA AND PEOPLE:
The Scheduled Areas in the State extend over14132.58 sq.km. Covering
27.40 lakhs tribal population. The scheduled area is situated in 36 Revenue
Mandals in the districts of Srikakulam, Vizianagaram, Visakhapatnam, East
Godavari, and West Godavari. Out of 36 Revenue Mandals, 28 Mandals are fully
situated in Scheduled Area and the remaining 8 Mandals are partly scheduled.
To prevent atrocities on the members of Scheduled Castes and Scheduled
Tribes (Prevent of Atrocities) Act, 1989 is being implemented and financial relief
as well as employment for the victims of atrocities are being extended to the
victims of atrocities for their rehabilitation.
Total number of civil cases 163 in the Scheduled Areas, among these 141
civil cases were registered out of which, 119 cases were disposed of and total
number of criminal cases 4221, among these 2861 criminal cases were registered
out of which 2518 criminal cases were disposed of during the year 2017-18.
Under land Transfer Regulation, 17,886 cases were detected and 16,765
cases were disposed of the balance cases 1121 were pending at the end of the
year 2017-18.
Administration:
Under the strategy, all the Non Scheduled Areas under the Districts,
Kurnool, Nellore, Prakasam, Guntur and Kadapa have been covered under the
Chenchu &Yanadi projects duly located at Srisailam and Nellore respectively.
53
Under Scheduled area (6) ITDAs were established in (5) Districts
Srikakulam, Vizianagaram, Visakhapatnam, East Godavari and West Godavari
Districts.
These ITDAs are functioning for Tribals living in the Scheduled areas
continued to functioning during the year under report to implement various
Development Programmes, Single line of Administration in Tribal areas was
introduced to Streamline the Administration.
The APTAC was constituted to advice the Governor of AP on various
matters referred to it.
Protective measures:
Governor of AP in exercise of powers under para-5 (2) of the Vth Schedule
of the Constitution made several regulations, important which are:
(1) The A.P. (Scheduled Areas) Land Transfer Regulation, 1959
(2) A.P. Muttas (Abolition and Conversion into Ryotwari) regulation, 1969
(3) A.P. Scheduled Areas Ryotwari Settlement Regulation 1970
(4) A.P. (Scheduled Areas) Money Lenders Regulation, 1960
(5) A.P. (Scheduled Tribes) Debt Relief Regulation 1960 and 1970.
PROGRAMMES:
Agriculture: During the period under report, an extent of 70, 2264 acres of
land was assigned to the tribals in the scheduled areas of the State during the
period 2017-18.
Animal husbandry: Veterinary services in the shape of 158 Veterinary
Institutions are provided in the Scheduled areas of the State during the period
under report, 13,44014 veterinary cases were treated, 20205 castrations and
36,68778 vaccinations were done in the scheduled areas of the State.
54
Education: (11) Hostels with 850 boarders, 192 Primary Ashram Schools
with 3913 students, 48 Upper Primary Ashram Schools with 6134 students, 221
Ashram High Schools with 127255 students, 60 Gurukulam Schools with 23330
students and 24 upgraded Junior Colleges with 6079 students, one mini
Gurukulam were maintained in the Scheduled Areas of the State during the
period 2017-18.
Girijan Co-operative Corporation: The GCC has procured Rs.352.51 lakhs
worth of MFP, Rs. 334.33 lakhs worth of agriculture produce and Rs.9437.13 lakhs
worth of daily requirements (DRs) amounting to total purchases worth of
Rs.10124.11 lakhs and the value of sales of MFP, agriculture produce and DRs
comes to Rs. 10658.43 lakhs.
Medical and Health: To cater to the needs of Tribals 16 Hospitals, 264 Primary
Health Centers (PHCs) and 472 Sub-centers, have been continued to function
during the period under report with 1075 Bed strength. Besides these, community
Health workers were also appointed from among the Tribals to visit interior Tribal
habitations and offer first aid needs. The Mobile medical units were also provided
to visit Tribal habitations to conduct weekly camps.
Rural and Electrification: 5793 ST habitations are to be electrified at the
beginning of the year under report. Of these, 5544 habitations are electrified and
leaving a balance of 249 habitations yet to be electrified.
Drinking Water Supply: (5596) Protected Water Supply sources, 975 other
sources viz., bore wells, open wells, gravitation sources, etc., have been
maintained to cater to the drinking water needs of the tribal habitations during
the period under report.
Communication Roads: The Engineering department has laid 753.696 Kms of road
(Katcha and BT) in 113 habitations in Scheduled areas. Besides these, 298.53 Kms
of road repair works have been undertaken during the year 2017-18.
55
2018-19
The report on the Administration of Scheduled Areas in Andhra Pradesh for
the year 2018-2019 as required under the para-3 of the Vth Schedule to the
Constitution of India has been prepared as per the guidelines issued by the
Government of India.
AREA AND PEOPLE:
The Scheduled Areas in the State extend over14132.58 sq.km.Covering
27.40 lakhs tribal population. The scheduled area is situated in 36 Revenue
Mandals in the districts of Srikakulam, Vizianagaram, Visakhapatnam, East
Godavari, and West Godavari. Out of 36 Revenue Mandals, 28 Mandals are fully
situated in Scheduled Area and the remaining 8 Mandals are partly scheduled.
To prevent atrocities on the members of Scheduled Castes and Scheduled
Tribes (Prevent of Atrocities) Act, 1989 is being implemented and financial relief
as well as employment for the victims of atrocities are being extended to the
victims of atrocities for their rehabilitation.
Total number of civil cases 169 in the Scheduled Areas, among these 59
civil cases were registered out of which, 8 cases were disposed of and total
number of criminal cases 5834, among these 4475 criminal cases were registered
out of which, 4246 criminal cases were disposed of during the year 2018-19.
Under land Transfer Regulation, 17,919 cases were detected and 16,922
cases were disposed of the balance cases 997 were pending at the end of the year
2018-19.
Under the strategy, all the Non – Scheduled Areas covered, Kurnool,
Nellore, Prakasam, Guntur and Kadapa districts have been covered under the
Chenchu &Yanadi projects duly located at Srisailam and Nellore respectively.
56
Under Scheduled area (6) ITDAs were established in (5) Districts
Srikakulam, Vizianagaram, Visakhapatnam, East Godavari and West Godavari
Districts.
These ITDAs are functioning for Tribals living in the Scheduled areas
continued to functioning during the year under report to implement various
Development Programmes, Single line of Administration in Tribal areas was
introduced to Streamline the Administration. The APTAC was constituted to
advice the Governor of AP on various matters referred to it.
Protective measures:
Governor of AP in exercise of powers under para-5 (2) of the Vth Schedule of the Constitution made several regulations, important which are:
(1) The A.P. (Scheduled Areas) Land Transfer Regulation, 1959
(2) A.P. Muttas (Abolition and Conversion into Ryotwari) regulation, 1969
(3) A.P. Scheduled Areas Ryotwari Settlement Regulation 1970
(4) A.P. (Scheduled Areas) Money Lenders Regulation, 1960
(5) A.P. (Scheduled Tribes) Debt Relief Regulation 1960 and 1970.
PROGRAMMES:
Agriculture: During the period under report, an extent of 70,2264 acres of land
was assigned to the tribals in the scheduled areas of the State during the period
2018-19.
Animal husbandry: Veterinary services in the shape of 149 Veterinary Institutions
are provided in the Scheduled areas of the State during the period under report,
1419695 veterinary cases were treated, 21664 castrations and 5746543
vaccinations were done in the scheduled areas of the State.
Education: (97) Hostels with 13316 boarders, 187 Primary Ashram Schools with
3480 students, 37 Upper Primary Ashram Schools with 4286 students, 136
Ashram High Schools with 35267 students, 60 Gurukulam Schools with 23330
57
students and 28 upgraded Junior Colleges with 7155 students, one mini
Gurukulam were maintained in the Scheduled Areas of the State during the
period 2018-19.
Girijan Co-operative Corporation: The GCC has procured Rs.655.37 lakhs worth of
MFP, Rs. 436.89 lakhs worth of agriculture produce and Rs.14128.85 lakhs worth
of daily requirements (DRs) amounting to total purchases worth of Rs.1521.12
lakhs and the value of sales of MFP, agriculture produce and DRs comes to Rs.
15262.62 lakhs.
Medical and Health: To cater to the needs of Tribals 34 Hospitals, 84 Primary
Health Centers (PHCs) and 273 Sub-centers, have been continued to function
during the period under report with 1032 Bed strength. Besides these, community
Health workers were also appointed from among the Tribals to visit interior Tribal
habitations and offer first aid needs. The Mobile medical units were also provided
to visit Tribal habitations to conduct weekly camps.
Rural and Electrification: 5497 ST habitations are to be electrified at the
beginning of the year under report. Of these, 5479 habitations are electrified and
leaving a balance of 18 habitations yet to be electrified.
Drinking Water Supply: (3752) Protected Water Supply sources, 3085 other
sources viz., bore wells, open wells, gravitation sources, etc., have been
maintained to cater to the drinking water needs of the tribal habitations during
the period under report.
Communication Roads: The Engineering department has laid 2672.98 Kms of road
(Katcha and BT) in 1950 habitations in Scheduled areas. Besides these, 134 Kms of
road repair works have been undertaken during the year 2018-19.
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Item. 7: Any other matters for discussion with the permission of Chair.