The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment) Bill, 2022 |The LexSphere Library

SECTION Section 1

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•1

•THE CONSTITUTION (SCHEDULED CASTES AND SCHEDULED

•TRIBES) ORDERS (AMENDMENT) BILL, 2022

•A

•BILL

•further to amend the Constitution (Scheduled Castes) Order, 1950 to omit Bhogta community

•from the list of Scheduled Castes in relation to the State of Jharkhand and the

•Constitution (Scheduled Tribes) Order , 1950 for inclusion of certain communities in

•the lists of Scheduled Tribes in relation to the State of Jharkhand.

•B

•E it enacted by Parliament in the Seventy-third Y ear of the Republic of India as follows:—

SECTION Section 10

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4.On the basis of recommendation of the State Government of Jharkhand, it is

•proposed to modify the lists of Scheduled Castes and Scheduled Tribes in respect of

•the State of Jharkhand by amending the Constitution (Scheduled Castes)

•Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950.

SECTION Section 11

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5.The Constitution (Scheduled Castes and Scheduled Tribes) Orders (Amendment)

•Bill, 2022 proposes to amend—

(A)Part VIA—Jharkhand of the Schedule to the Constitution (Scheduled Castes)

•Order, 1950 to omit "Bhogta" community from the list of Scheduled Castes mentioned

•in entry 3, and

•3

•4

(B)Part XXII—Jharkhand of the Schedule to the Constitution (Scheduled Tribes)

•Order, 1950 to include,—

(i)“Bhogta, Deshwari, Ganjhu, Dautalbandi (Dwalbandi), Patbandi, Raut,

•Maajhia, Khairi (Kheri)" communities in entry 16;

•(ii) “Tamaria (Tamadia)” community after entry 24; and

•(iii) “Puran” community after entry 32.

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6.The Bill seeks to achieve the aforesaid objects.

•NEW DELHI; ARJUN MUNDA.

•The 31st January, 2022.

•FINANCIAL MEMORANDUM

•The Bill seeks to amend the Constitution (Scheduled Castes) Order, 1950 and the

•Constitution (Scheduled Tribes) Order, 1950, by amending the lists of Scheduled Castes and

•Scheduled Tribes in the State of Jharkhand. The amendment in the lists of Scheduled Castes

•and Scheduled Tribes relating to the State of Jharkhand may entail additional expenditure on

•account of benefits to be provided to the persons belonging to the communities proposed in

•the Bill under the continuing schemes meant for the welfare of the Scheduled Tribes.

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2.It is not possible to estimate the likely additional expenditure to be incurred on this

•account at this stage. However, the expenditure, if any, shall be accommodated within the

•approved budgetary outlay of the Government.

•5

•ANN EXURE

•EXTRACT FROM THE CONSTITUTION (SCHEDULED CASTES) ORDER, 1950

•(C.O.19)

•* * * * *

•PART VIA.—Jharkhand

•* * * * *

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3.Bhogta

•* * * * *

•————

•E

•XTRACT FROM THE CONSTITUTION (SCHEDULED TRIBES) ORDER, 1950

•(C.O. 22)

•* * * * *

•PART XXII.—Jharkhand

•* * * * *

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16.Kharwar

•* * * * *

SECTION Section 16

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24.Munda, Patar

•* * * * *

•6

•RAJYA SABHA

•————

•A

•BILL

•further to amend the Constitution (Scheduled Castes) Order, 1950 to omit Bhogta community

•from the list of Scheduled Castes in relation to the State of Jharkhand and the

•Constitution (Scheduled Tribes) Order , 1950 for inclusion of certain communities in

•the lists of Scheduled Tribes in relation to the State of Jharkhand.

•————

•(Shri Arjun Munda, Minister of Tribal Affairs)

•MGIPMRND—1983RS—07-02-2022.

SECTION Section 2

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1.(1) This Act may be called the Constitution (Scheduled Castes and Scheduled

•Tribes) Orders (Amendment) Act, 2022.

•Short title.

•Bill No. VIII of 2022

•AS INTRODUCED IN THE RAJYA SABHA

•2

SECTION Section 3

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2.In the Schedule to the Constitution (Scheduled Castes) Order, 1950, in Part VIA.—

•Jharkhand, entry 3 shall be omitted.

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3.In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in Part XXII.—

•Jharkhand ,—

(i)for entry 16, the following entry shall be substituted, namely:—

•“16. Kharwar, Bhogta, Deshwari, Ganjhu, Dautalbandi (Dwalbandi), Patbandi,

•Raut, Maajhia, Khairi (Kheri)”;

•(ii) in entry 24, after “Patar”, the following shall be inserted, namely:—

•“, Tamaria (Tamadia)”;

•(iii) after entry 32, the following entry shall be inserted, namely:—

•“33. Puran”.

•Amendment of

•Constitution

•(Scheduled

•Castes) Order,

SECTION Section 5

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1950.

C.O. 22.Amendment of

•Constitution

•(Scheduled

•Tribes) Order,

SECTION Section 6

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1950.

C.O. 19.

•5

•10

•STATEMENT OF OBJECTS AND REASONS

•Scheduled Castes have been defined in clause (24) of article 366 of the Constitution as

•“such castes, races or tribes or parts of or groups within such castes, races or tribes as are

•deemed under article 341 to be Scheduled Castes for the purposes of this Constitution.".

•Scheduled Tribes have been defined in clause (25) of article 366 of the Constitution as

•"such tribes or tribal communities or parts of or groups within such tribes or tribal communities

•as are deemed under article 342 to be Scheduled Tribes for the purposes of this Constitution.".

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2.Articles 341 and 342 of the Constitution provide as under:—

•"341. Scheduled Castes.—(1) The President may with respect to any State or

•Union territory, and where it is a State, after consultation with the Governor thereof, by

•public notification, specify the castes, races or tribes or parts of or groups within

•castes, races or tribes which shall for the purposes of this Constitution be deemed to

•be Scheduled Castes in relation to that State or Union territory, as the case may be.

(2)Parliament may by law include in or exclude from the list of Scheduled Castes

•specified in a notification issued under clause (1) any caste, race or tribe or part of or

•group within any caste, race or tribe, but save as aforesaid a notification issued under

•the said clause shall not be varied by any subsequent notification.

SECTION Section 8

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342.Scheduled Tribes.—(1) The President may with respect to any State or

•Union territory, and where it is a State, after consultation with the Governor thereof, by

•public notification, specify the tribes or tribal communities or parts of or groups within

•tribes or tribal communities which shall for the purposes of this Constitution be deemed

•to be Scheduled Tribes in relation to that State or Union territory, as the case may be.

(2)Parliament may by law include in or exclude from the list of Scheduled Tribes

•specified in a notification issued under clause (1) any tribe or tribal community or part

•of or group within any tribe or tribal community, but save as aforesaid a notification

•issued under the said clause shall not be varied by any subsequent notification.".

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3.According to the provisions of articles 341 and 342 of the Constitution, the first lists

•of the Scheduled Castes and the Scheduled Tribes were notified during the year 1950 in

•respect of various States and Union territories, vide the Constitution (Scheduled Castes)

•Order, 1950 and the Constitution (Scheduled Tribes) Order, 1950, respectively. These lists

•were modified from time to time. List of Scheduled Tribes of the State of Jharkhand has been

•modified, vide, the Constitution Scheduled Castes and Scheduled Tribes Orders (Amendment)

•Act, 2002 (10 of 2003).The State Government of Jharkhand has requested to transfer “Bhogta”

•community from the list of Scheduled Castes to the list of Scheduled Tribes and to include

•certain communities i.e. "Bhogta, Deshwari, Ganjhu, Dautalbandi (Dwalbandi), Patbandi,

•Raut, Maajhia, Khairi (Kheri)" communities in entry 16, “Tamaria (Tamadia)” community in

•entry 24 and "Puran" community after entry 32 in the lists of Scheduled Tribes in respect of

•the State of Jharkhand.