The Constitution (Jammu and Kashmir) Scheduled Tribes Order (Amendment) Bill, 2023 |The LexSphere Library

SECTION Section 1

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•1

•THE CONSTITUTION (JAMMU AND KASHMIR) SCHEDULED

•TRIBES ORDER (AMENDMENT) BILL, 2023

•A

•BILL

•further to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989.

•BE it enacted by Parliament in the Seventy-fourth Year of the Republic of India as

•follows:—

SECTION Section 11

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7.Gadda Brahmin

SECTION Section 17

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13.Paddari Tribe

SECTION Section 18

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14.Pahari Ethnic Group

SECTION Section 19

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15.Purigpa

SECTION Section 2

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1.This Act may be called the Constitution (Jammu and Kashmir) Scheduled Tribes

•Order (Amendment) Act, 2023.

SECTION Section 20

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16.Sippi.

•P

•ART II.—Union territory of Ladakh

SECTION Section 21

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1.Bakarwal

SECTION Section 24

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4.Bot, Boto

SECTION Section 25

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5.Brokpa, Drokpa, Dard, Shin

SECTION Section 3

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2.In the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989, for the

•Schedule, the following Schedule shall be substituted, namely:—

•Short title.

C.O.142. Substitution of

•Schedule to

•Constitution

•(Jammu and

•Kashmir)

•Scheduled

•Tribes Order,

SECTION Section 31

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11.Purigpa

SECTION Section 32

Untitled Section

12.Sippi.".

•2

•3

•STATEMENT OF OBJECTS AND REASONS

•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 the Constitution.

SECTION Section 33

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2.Article 342 of the Constitution provides as under:—

•"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.".

SECTION Section 34

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3.In accordance with the said Constitutional provisions, the first list of Scheduled

•Tribes in respect of the erstwhile State of Jammu and Kashmir was notified vide the

•Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989. The said list of Scheduled

•Tribes was amended vide the Constitution (Scheduled Tribes) Order (Amendment) Act, 1991.

•By virtue of the provisions of the Jammu and Kashmir Reorganisation Act, 2019, the said list

•of Scheduled Tribes, presently applies to both the Union territory of Jammu and Kashmir

•and the Union territory of Ladakh.

SECTION Section 35

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4.The Administration of the Union territory of Jammu and Kashmir has requested to

•include the communities of "Gadda Brahmin", "Koli", "Paddari Tribe" and "Pahari Ethnic

•Group" in the list of Scheduled Tribes in respect of the Union territory of Jammu and

Kashmir.On the basis of the recommendation of the Administration of the Union territory of

•Jammu and Kashmir and after consultation with the Registrar General of India and the

•National Commission for Scheduled Tribes, it is proposed to amend the Constitution (Jammu

•and Kashmir) Scheduled Tribes Order, 1989.

SECTION Section 36

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5.Accordingly, the Constitution (Jammu and Kashmir) Scheduled Tribes Order

•(Amendment) Bill, 2023 proposes to amend the Constitution (Jammu and Kashmir) Scheduled

•Tribes Order, 1989, to include the communities of "Gadda Brahmin", "Koli", "Paddari Tribe"

•and "Pahari Ethnic Group" in the list of Scheduled Tribes in respect of the Union territory of

•Jammu and Kashmir.

SECTION Section 37

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6.The Bill seeks to achieve the aforesaid objects.

•N

•EW DELHI; ARJUN MUNDA.

•The 17th July, 2023.

•4

•FINANCIAL MEMORANDUM

•The Bill seeks to amend the Constitution (Jammu and Kashmir) Scheduled Tribes

•Order, 1989 to include the communities of "Gadda Brahmin", "Koli", "Paddari Tribe" and

•"Pahari Ethnic Group" in the list of Scheduled Tribes in respect of the Union territory of

•Jammu and Kashmir. The amendment in the list of Scheduled Tribes in respect of the Union

•territory of Jammu and Kashmir may entail additional expenditure on account of benefits to

•be provided to persons belonging to the said communities proposed in the Bill under the

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

SECTION Section 38

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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, will be accommodated within the

•approved budgetary outlay of the Government.

•5

•ANNEXURE

•EXTRACT FROM THE CONSTITUTION (JAMMU AND KASHMIR) SCHEDULED TRIBES ORDER, 1989

•(C.O. 142)

•* * * * *

•THE SCHEDULE

SECTION Section 39

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1.Balti

2.Beda

SECTION Section 4

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1989.

•AS INTRODUCED IN LOK SABHA

•Bill No. 92 of 2023

•5

•"THE SCHEDULE

•PART I.—Union territory of Jammu and Kashmir

SECTION Section 40

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3.Bot, Boto

SECTION Section 41

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4.Brokpa, Drokpa, Dard, Shin

SECTION Section 47

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10.Bakarwal

SECTION Section 49

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12.Sippi.

•LOK SABHA

•————

•A

•BILL

•further to amend the Constitution (Jammu and Kashmir) Scheduled Tribes Order, 1989.

•————

•(Shri Arjun Munda, Minister of Tribal Affairs )

•MGIPMRND—140LS(S3)—18-07-2023.

SECTION Section 5

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1.Bakarwal

SECTION Section 8

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4.Bot, Boto

SECTION Section 9

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5.Brokpa, Drokpa, Dard, Shin