The Constitution (Scheduled Tribes) Order (Fourth Amendment) Bill, 2022 |The LexSphere Library

SECTION Section 1

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•1

•THE CONSTITUTION (SCHEDULED TRIBES) ORDER

•(FOUR

•TH AMENDMENT) BILL, 2022

•A

•BILL

•further to amend the Constitution (Scheduled T ribes) Order , 1950 to modify the list of

•Scheduled Tribes in relation to the State of Karnataka.

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

•follows:—

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6.The Bill seeks to achieve the aforesaid objects.

•NEW DELHI; ARJUN MUNDA.

•The 18th November, 2022.

•3

•FINANCIAL MEMORANDUM

•The Bill seeks to amend the Constitution (Scheduled Tribes) Order, 1950, by amending

•the list of Scheduled Tribes in the State of Karnataka. The amendment in the list of Scheduled

•Tribes relating to the State of Karnataka 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.

•4

•ANNEXURE

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

•(C.O. 22)

•* * * * *

•THE SCHEDULE

•* * * * *

•PART VI.—Karnataka

•* * * * *

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16.Kadu Kuruba

•* * * * *

•LOK SABHA

•————

•A

•BILL

•further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list of

•Scheduled Tribes in relation to the State of Karnataka.

•————

•(Shri Arjun Munda, Minister of Tribal Affairs)

•MGIPMRND—1615LS(S3)—5-12-2022.

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1.This Act may be called the Constitution (Scheduled Tribes) Order (Fourth

•Amendment) Act,

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2.In the Schedule to the Constitution (Scheduled Tribes) Order, 1950, in PART VI.—

•Karnataka, for entry 16, the following entry shall be substituted, namely:—

•“16. Kadu kuruba, Betta-Kuruba”.

•Short title.

C.O. 22. Amendment

•of

•Constitution

•(Scheduled

•Tribes) Order,

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1950.

•Bill No. 219 of 2022

•AS INTRODUCED IN LOK SABHA

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•2

•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 this

Constitution.”.

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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.”.

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3.According to the provisions of article 342 of the Constitution, the first list of the

•Scheduled Tribes was notified during the year 1950 in respect of various States and Union

•territories, vide the Constitution (Scheduled Tribes) Order, 1950. This list was modified from

•time to time. List of Scheduled Tribes of the State of Karnataka has been modified, vide the

•Constitution (Scheduled Tribes) Order (Amendment) Act, 2020 (4 of 2020). The State

•Government of Karnataka has requested to include “Betta-Kuruba” community as synonym

•of “Kadu Kuruba” in entry 16 in the list of Scheduled Tribes of Karnataka.

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

•proposed to modify the list of Scheduled Tribes in respect of State of Karnataka by amending

•the Constitution (Scheduled Tribes) Order, 1950.

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5.The Constitution (Scheduled Tribes) Order (Fourth Amendment) Bill, 2022 proposes

•to amend Part VI.—Karnataka of the Schedule to the Constitution (Scheduled Tribes)

•Order, 1950 by substituting entry 16 to include “Betta-Kuruba” alongwith “Kadu Kuruba”.