Powers of the Governors under Schedule - V of the Constitution:
Article 244 of the Constitution of India has provisions with reference to the tribal
areas. It is laid down that the provisions of the Vth Schedule shall apply to the
administration and control of the scheduled areas and Scheduled Tribes in States
other than the States of Assam, Meghalaya, Tripura and Mizoram; whereas, the provisions
of the VIth Schedule shall apply to the administration of the tribal areas in the
States of Assam, Meghalaya, Tripura and Mizoram.
Report by the Governor to the Hon. President regarding the administration of
the Scheduled Areas:
The Governor of each State having scheduled areas therein, shall annually or whenever
so required by the Hon. President, make a Report to the Hon. President
regarding the administration of the scheduled areas in the State and the executive
power of the Union shall extend to the giving of directions to the State as to the
administration of the scheduled areas.
With reference to Gujarat, it is stated that Annual Report upto
the year 2013-14 has already been submitted to the Government of India; whereas,
the Report for the year 2014-15 is under preparation at present.
Administration and Control of Scheduled Areas and Tribes:
Tribes Advisory Council:
It has been laid down in the Constitution that there shall be established, in each
State having scheduled areas therein, a Tribes Advisory Council
consisting of not more than 20 members of whom, ¾ shall be the representatives of
the Scheduled Tribes in the Legislative Assembly of the State.
In Gujarat, Tribes Advisory Council, headed by the Chief Minister,
has been functioning. It meets twice in a year. It has been taken up with the State
Government in the Tribal Development Department that the meetings of the Tribes
Advisory Council should be convened quarterly. But, because of the
busy schedule of the Chief Minister, this has not been possible.
Tribal Areas of Gujarat at a Glance
|No. of tribal districts
[Sabarkantha, Dahod, Narmada, Surat, Navsari, Dangs, Bharuch, Valsad, Banaskantha,
Panchmahals, Tapi, Chhota Udepur, Aravalli, Mahisagar]
|No. of tribal blocks
|Tribal population [As per 2011 Census]
|Percentage of tribal population of the State.
||29,429 sq. kms
|Percentage of the tribal area against total geographical area of the State.
|Literacy rate in the tribal areas.
||62.5% [As per 2011 Census]
|No. of BPL families in the tribal areas.
||6,21,294 families [39.61%]
Main concerns of the Scheduled tribes in Gujarat:-
- More than 39% of the Scheduled Tribes population is below the poverty line.
- Low literacy.
- Migration of tribal landless labourers.
- Lack of Employment opportunities.
- Isolation from the main stream.
Integrated Tribes Development Projects in Gujarat
- Devgadh Baria
- Chhota Udepur
- Jetpur Pavi
Major Tribes in Gujarat:
Name of the Tribe
Population in lakhs (2011)
% of State's ST Population
Districts of Concentration
||Dang, Panchmahal, Bharuch, Sabarkantha, Banaskantha
||Surat, Valsad, Navsari, Bharuch
||Navsari, Valsad, Dang
||Surat, Tapi, Bharuch
||Vadodara, Bharuch, Panchmahal
||Surat, Tapi, Narmada
Transfer of tribal lands:
The Bombay Land Revenue Code, 1879 is applicable to the State of
Gujarat. There are several provisions in the Code which restrict
transactions of the land owned by the tribals. Under the Land Revenue Code,
the occupancies are normally heritable and transferable. However, in order to promote
the economic interests of the persons belonging to the Scheduled Tribes and to provide
protection to them from being exploited, it was considered necessary by the State
Government to prohibit transfer of occupancy of a person belonging to the Scheduled
Tribe to any other person, to provide for restoration of possession to a tribal
where he has transferred the same land to another tribal, to validate transfers
by tribals to other tribals and to declare the transfers of occupancy by tribals
to be void and to provide for vesting of such occupancies in the State Government
so that they could be re-granted to the tribals. Section 73-A, 73-AA, 73-AB, 73-AC
and 73-AC were inserted by the State Government. The basic provisions regarding
this in brief are as shown below:
Section 73-AA (1):
According to this sub-section, land of any tribal in the State shall not be transferred
to any other person without the prior approval of the Collector.
Section 73-AA (3):
If any tribal sells or transfers his land to another tribal, then there is a provision
to return this land to the original tribal owner of the land. For this, the original
tribal owner of the land has to apply within two years after sale or transfer. If
he does not apply in this period, then the transferee will return the same parcel
of the land.
Section 73-AA (4):
Legal procedure has been decided to resume the land to the Government transferred/sold
without prior approval by a tribal to a non-tribal. According to this, notice is
to be issued to a non-tribal who has received such land by transfer, is treated
and declared as illegal and such land becomes free from all encumbrances and is
resumed by the Government.
Section 73-AA (5):
There is a provision to return this land to the original tribal after admitting
it in the Government. As per the provisions, the original tribal owner has to give
a written assurance that he himself is ready to cultivate this land.
Section 73-AA (6):
If the original tribal owner himself is not ready to take back this land and cultivate
it, there is a provision to give back the land to another tribal of the same village
or nearby village and if even both of them are not ready to take back this land,
there is also a provision to grant the land on priority as decided by the Government.
Section 73-AA (7):
A provision is made for a penalty upto three times of amount of the price of the
land besides any other penalty to the non-tribal purchaser of this land.
Section 73-AA (8):
There is also a provision to recover as land revenue dues from non-tribal as the
amount of penalty as mentioned above.
The tribal can mortgage his land for taking agricultural loan to the Government,
Cooperative Society or SBI without the permission under the law. If the loan is
not repaid, the organization can sell this land by taking it into confiscation and
can repay the sale price against the loan amount. The land mortgaged cannot be sold
to the non-tribal without the prior approval of the Collector.
The procedure done under Section 73-A, 73-AA and 73-AB has been kept out of the
purview of the Civil Courts. Under the above sections, the order of the Collector
cannot be challenged in any Civil or Criminal Court.
This section amends the provisions of the Registration Act, 1908.
The said Deed of the land done by the tribal can be registered only after the production
of a proof of a prior legal approval of the Collector. Later on, by an amendment
of 1998 in the Bombay Land Revenue Code, the powers were given
to the District Panchayats in the scheduled areas instead of the Collectors for
Panchayats (Extension to the Scheduled Areas) Act, 1996:
Consequent to the 73rd Constitutional Amendment, Panchayats (Extension to the
Scheduled Areas) Act, 1996 is being implemented in 9 States – Gujarat,
Andhra Pradesh, Himachal Pradesh, Odisha, Jharkhand, Rajasthan, Maharashtra, Madhya
Pradesh and Chhattisgadh. In Gujarat, the PESA Act is being implemented
in 43 tehsils of 12 districts falling under the scheduled areas. The Gujarat
Panchayats Act has been amended in order to incorporate the provisions
of the PESA Act.
According to the amendments brought in force with effect from 1998, the Gramsabhas
have been empowered to approve the plans, programmes and projects for social and
economic development of the villages. They have also been entrusted with the responsibility
of identifying and selecting beneficiaries under the Poverty Alleviation Programmes.
Village Panchayats have been empowered for planning and management of water bodies.
Besides for grant of concession for the exploitation of minor minerals by auction
prior recommendation of the concerned village Panchayats has been made mandatory.
The powers to prevent alienation of land in the scheduled areas and to take appropriate
action to restore any unlawful alienated land of a Scheduled Tribe are vested with
the District Panchayats for the scheduled areas. Thus, the provisions of PESA
Act are being adhered to by the administration in Gujarat.
T.S.P. Budget Models: Gujarat Pattern
In Gujarat, tribal development programmes are being implemented to improve the overall
quality of life of the tribals. Since 1976, the Tribal Sub Plan (TSP)
has been the main tool for the integrated development. There was an active consideration
over a period of time to involve local tribals in the process of formulation, planning
and execution of developmental programmes. This led to the evolution of Gujarat
Pattern of tribal development revolutionizing the planning and execution
of all tribal development schemes.
Gujarat Pattern was launched by the State Government in 1997 with
the earmarking of Rs.200 crores out of Tribal Area Sub Plan (TASP)
as Discretionary Fund to be placed at the disposal of the Tribal
Development Department to be used for framing programmes suited to local tribal
needs through District Adijati Vikas Mandals headed by concerned
guardian Minister of the district. This has played a pivotal role in framing the
schemes really needed for the development of different tribal communities inhabiting
different geographical regions.
The Taluka Adijati Vikas Samitis constituted at the taluka level
under the Chairmanship of the Project Administrator, formulate schemes in various
sectors of development which, later on, are put up for approval at the District
Adijati Vikas Mandals.
Gujarat Pattern has been successful in meeting the need-based priorities
of tribal population and improving their quality of life. In the last few years,
different sectoral programmes like roads and bridges, irrigation, health, education,
agriculture, soil and water conservation, electrification, etc. have been executed
with success. Infrastructure development has been given priority such as, school
buildings, primary and community health centres, electrification of hamlets and
wells, chilling plants, etc.
Van Bandhu Kalyan Jojana:
This is an initiative of the State Government for the comprehensive development
of the tribal areas. It is a 10 points programme launched with effect from 2007
with a view to bring the tribal regions into the mainstream development by bridging
the gap between the ITDP blocks and other parts of the State.
- Quality and sustainable employment for 5 lakh tribal families
- Emphasis on quality education and higher education
- Accelerated economic development of tribal areas
- Health for all
- Housing for all
- Safe drinking water to all
- All weather roads
- Universal availability of electricity
- Urban development
Key Features of the Programme:-
- Focus on individual family and the ITDP areas
- Result oriented interventions
- Involvement of the local people in planning and maintaining
- Involvement of all implementing departments.
- Gender Focus
- Convergence of resources and Schemes for the integrated development of the tribal
- Focus on filling up the gaps in infrastructure.
System of monitoring of Budget in the Scheduled Areas:-
The three principal features, viz. poor infrastructural development, inadequately
developed economic activities and large undeveloped human resources, are the major
constraints in developing the tribal region.
With a view to achieve the objectives of social justice and equity, since 1976-77,
a Tribal Area Sub Plan is prepared along the line of framework of the General State
Plan, allocating separate provision from the outlay of State’s various sectoral
programmes and schemes for the integrated, overall development of tribal population
of the State. In successive plan period, concerted and coordinated efforts were
made and these have made a special dent and discernible impact in several spheres
of tribal development in the State.
State Level monitoring mechanism:-
Secretary to the Government in Tribal Development Department is in overall charge
of the development of the Scheduled Tribes and areas. He exercises necessary administrative
and budgetary control for various development schemes. He also facilitates inter-departmental
coordination for effective formulation and implementation of the Tribal Sub Plan
The Commissioner of Tribal Development is the head of field formation of the Tribal
Development Department and facilitates speedy implementation of various programmes
under Tribal Sub-Plan. Director of Primitive Tribes & Ex-Officio Deputy Tribal Development
Commissioner looks after the development of the most backward tribes amongst Scheduled
Tribes and assists the Tribal Development Commissioner in the administration and
coordination of development activities.
Tribal Sub-Plan Areas (TASP) in the State comprises 12 ITDP Projects. Each project
team is headed by a Project Administrator of the rank of Additional Collector except
in ITDP Ahwa-Dang district, where the responsibility of the Project Administrator
is entrusted to Deputy Project Administrator. He coordinates and oversees the Integrated
Tribal Development Programmes falling within the sphere of activities of all government
departments, Corporations, Panchayati Raj Institutions and voluntary agencies receiving
grants-in-aid from the government. He is in overall charge of the implementation
of the Sub-Plan schemes in the project area and looks after the implementation of
the scheme for dispersed tribals in non-ITDP areas of the district. He monitors
the implementation of various sectoral schemes, New Gujarat Pattern schemes as well
as the schemes implemented under Nucleus Budget.
District Co-ordination Committee:-
The District Level Advisory Committee consisting of officials and non-officials
functions under the Chairmanship of the Collector in each district having ITDP.
It consists of the Members of Parliament and Members of Legislative Assembly representing
the ITDP area, President of the District Panchayat, DDO over and above the district
heads of various departments and representatives of the nationalized banks etc.
The functions of the committee are to review and evaluate various programmes, ensure
inter departmental, and inter institutional coordination.
Committee of Direction at Project Level:-
The Committee of Direction (CoD) under the leadership of Collector with District
Development Officer and Project Administrators as the members is constituted for
each Integrated Tribal Development Project. The CoD, besides guiding and directing
implementation of various programmes, accord sanctions to the schemes upto Rs. 10
lakh under the Nucleus Budget for schemes of local importance.
District Adijati Vikas Mandal:-
The District Adijati Vikas Mandal is constituted by the Government and the Guardian
Minister in charge of a particular district is its Chairman. The role of the Mandal
is to formulate, monitor and evaluate the programmes and progress of the tribal
development in the particular district. It consists of head of the District Panchayat,
District Magistrate, District Development Officer, Member of Parliament, MLAs, Taluka
Panchayat President, Chairman, District Social Justice Committee, NGOs and other
senior level District Officers.
Incentives to the staff in the Tribal Areas:
For harnessing human resources at different levels, resource development and economic
development, the quality of personnel is very crucial for planning and implementation
of development programmes. This is all the more true with reference to the tribal
areas in the State. Effective measures are necessary to improve the quality of personnel
in tribal areas to ensure that heavy financial investment becomes productive and
leads to overall economic development of the tribal region.
In Gujarat, a High Level Committee, headed by the Chief Secretary, selects the Project
Administrators. Government has adopted the policy that only efficient officers with
good service record, should be appointed on all other posts in the tribal areas.
State Government has also issued instructions to all the Government Departments
that posts in the tribal areas should not be kept vacant, officers and staff should
not be transferred to tribal areas by way of punishment and only officers and staff
having appropriate orientation, aptitude and sympathy for the tribal communities
should be transferred and posted in tribal areas.
As an incentive, the State Government has adopted the following policy:
||Project Administrator/ Dy. Project Administrator- Class I/ Project Officer- Class
I (Primitive Group)
||Rs. 150/- per month
||Rs. 200/- per month
||Rs. 250/- per month
||Assistant Project Administrators (Agriculture/Cooperation/Forests/ Animal Husbandry,
||Rs. 75/- per month
||Rs. 100/- per month
||Rs. 125/- per month
||Chitins (Class-II Officer)
||Rs. 75/- per month
||Rs. 100/- per month
||Rs. 125/- per month
Besides, the 1.1.1986 Government Resolution of the Tribal Development Department
has laid down that if an officer transferred to a scheduled area has been allotted
Government accommodation in non-scheduled areas, where he was posted earlier, he
could retain the Government accommodation allotted to him in the non-scheduled areas
during the tenure of his posting in the schedule area.