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The Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area approach for development activities as well as regulatory provisions to protect their interests. In order to protect the interests of Scheduled Tribes with regard to land and other social issues, various provisions have been enshrined in the Fifth Schedule and the Sixth Schedule of the Constitution.
The Fifth Schedule under Article 244(1) of Constitution defines “Scheduled Areas” as such areas as the President may by order declare to be Scheduled Areas after consultation with the Governor of that State.
The Sixth Schedule under Article 244 (2) of the Constitution relates to those areas in the States of Assam, Meghalaya, Tripura and Mizoram which are declared as “tribal areas” and provides for District or Regional Autonomous Councils for such areas. These councils have wide ranging legislative, judicial and executive powers.
Fifth Schedule Areas
The specification of “Scheduled Areas” in relation to a State is by a notified order of the President, after consultation with the State Government concerned. The same applies in the case of any alteration, increase, decrease, incorporation of new areas, or rescinding any Orders relating to “Scheduled Areas”.
Criteria for declaring any area as a “Scheduled Area”.
Criteria for declaring any area as a “Scheduled Area under the Fifth Schedule are:
- Preponderance of tribal population.
- Compactness and reasonable size of the area.
- A viable administrative entity such as a district, block or taluk, and Economic backwardness of the area as compared to the neighboring areas.
The following Orders are in operation at present in their original or amended form. A copy of the C.O. Orders published in the Gazette of India except State of Andhra Pradesh as available in this Ministry are :-
|| Name of Order
|| Date of
| Name of State (s)
for which presently
|| The Scheduled Areas (Part A States)Order, 1950
|| Andhra Pradesh
|| The Scheduled Areas (Part B States) Order, 1950
|| Andhra Pradesh
|| The Scheduled Areas (Himachal Pradesh) Order,
|| Himachal Pradesh
|| The Scheduled Areas (States of Bihar, Gujarat,
Madhya Pradesh and Orissa) Order, 1977 (CO 109).
|| Gujarat and Odisha
|| The Scheduled Areas (State of Rajasthan) Order,
|| The Scheduled Areas (Maharashtra) Order, 1985
|| The Scheduled Areas (States of Chhattisgarh,
Jharkhand and Madhya Pradesh) Order, 2003 (C.O.
|| Chhattisgarh, and
|| The Scheduled Areas (State of Jharkhand) Order,
2007 (C.O. 229).