Summary of schemes under Ministry of Tribal Affairs

Development of Scheduled Tribes:-

The Ministry of Tribal Affairs was set up in 1999 after the bifurcation of Ministry of Social Justice and Empowerment with the objective of providing more focused approach on the integrated socio- economic development of the Scheduled Tribes (STs), the most underprivileged of the Indian Society, in a coordinated and planned manner. Before the formation of the Ministry, tribal affairs were handled by different Ministries as follows: - 

1. As a Division of the Ministry of Home Affairs named as ‘Tribal Division’ since independence up to September, 1985. 

2. Ministry of Welfare: From September 1985 to May 1998.
3. Ministry of Social Justice & Empowerment from May 1998 to September 1999. 

Scheduled Areas and Tribal Areas :-

Scheduled Tribes live in contiguous areas unlike other communities. It is, therefore, much simpler to have an area approach for development activities and also regulatory provisions to protect their interests. In order to protect the interests of Scheduled Tribes with regard to land alienation and other social factors, provisions of the “Fifth Schedule” and “Sixth Schedule” have been enshrined in 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 the 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 Councils and/or Regional Councils for such Areas. These Councils have been conferred with wide ranging legislative, judicial and executive powers. The Fifth Schedule Areas: The criteria for declaring any area as a “Scheduled Area” under the Fifth Schedule are: 
(a) Preponderance of tribal population, 
(b) Compactness and reasonable size of the area, 
(c) A viable administrative entity such as a district, block or taluk, and
(d) Economic backwardness of the area as compared to neighbouring areas. The specification of “Scheduled Areas” in relation to a State is done by a notified Order of the President, after consultation with the State Governments concerned. The same applies for altering, increasing, decreasing, incorporating new areas, or rescinding any orders relating to “Scheduled Areas”. 

The advantages of Scheduled Areas are that: 
(a) the Governor of a state, which has Scheduled Areas, is empowered to make regulations in respect of the following: (i) Prohibit or restrict transfer of land from tribal people; (ii) Regulate the business of money lending to the members of Scheduled Tribes. In making any such regulation, the Governor may repeal or amend any Act of Parliament or of the Legislature of the State which is applicable to the area in question. 
(b) The Governor may be through public notification direct that any particular Act of Parliament or of the Legislature of the State, shall not apply to a Scheduled Areas or any part thereof in the state or shall apply to such area subject to such exceptions and modifications as he may specify. 
(c) The Governor of a state having Scheduled Areas therein, shall annually, or whenever so required by the President of India, make a report to the President regarding the administration of the Scheduled Areas in that State and the executive power of the Union shall extend to the giving of directions to the State as to the administration of the said area. 
(d) Tribes Advisory Council (TAC) shall be established in States having Scheduled Areas. The role of TAC is to advise the State Government on matters pertaining to the welfare and advancement of the Scheduled Tribes in the State as may be referred to it by the Governor. The TAC will consist of not more than twenty members of whom about 3/4 are from ST-MLAs. The TAC may also be established in any State having Scheduled Tribes but not Scheduled Areas on the direction of the President of India 
(e) The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), vide which the provisions of Panchayats, contained in Part IX of the Constitution, were extended to Scheduled Areas, also contain special provisions for the benefit of Scheduled Tribes.

The Sixth Schedule – Tribal Areas: The Sixth Schedule under Article 244 of the Constitution identifies Autonomous districts in the Tribal Areas in the states of Assam, Meghalaya, Tripura and Mizoram. It also makes provisions for recognition of Autonomous Regions within these Autonomous Districts. These have been specified in Parts I, II, II A & III of the table appended to paragraph 20 of the Sixth Schedule. In other words, areas where provisions of Sixth Schedule are applicable are known as Tribal Areas. The State-wise details of Tribal Areas are as under:- 

Part-I Assam 

1. The North Cachar Hills District 

2. The Karbi-Anglong District 

3. The Bodo Land Territorial Area Districts

Part II Meghalaya 

1. Khasi Hills District 

2. Jaintia Hills District 

3. The Garo Hills District

Part IIA Tripura

Tripura Tribal Areas District 

Part III Mizoram 

1.The Chakma District 

2. The Mara District 

3. The Lai District 

The District or Regional Councils are empowered to make rules with the approval of the Governor with regard to matters like establishment, construction or management of primary schools, dispensaries, markets, cattle ponds, ferries, fisheries, roads, road transport and waterways in the district. The Autonomous Councils of the North Cachar Hills and Karbi Anglong have been granted additional powers to make laws with respect to other matters like secondary education, agriculture, social security and social insurance, public health and sanitation, minor irrigation etc. 

The Councils have also been conferred powers under the Civil Procedure Code and Criminal Procedure Code for trial of certain suits and offences, as also the powers of a revenue authority for their area for collection of revenue and taxes and other powers for the regulation and management of natural resources. 

Procedure for Declaration as ST :-

The term Scheduled Tribes is defined in the Constitution of India under Article 366(25) as such tribes or tribal communities or parts of groups within such tribes or tribal communities as are deemed under Article 342 to be Scheduled Tribes for the purposes of this Constitution. Article 342 prescribes the procedure to be followed in the matter of specification of Scheduled Tribes. In terms of Article 342(1), the President may, with respect to any State or Union Territory, and where it is a State, after consultation with the Governor thereof, notify tribes or tribal communities or parts thereof as Scheduled Tribes. 

This confers on the tribe or part of it a constitutional status invoking the safeguards provided for in the Constitution, to these communities, in their respective States/UTs. Thus, in terms of Article 342(1), only those communities who have been declared as such by the President through an initial public notification will be considered as Scheduled Tribes. Any further amendment in the list is to be done through an Act of Parliament (Article 342(2)). Parliament may, by law, include in or exclude from the list of Scheduled Tribes, any tribe or tribal community or parts thereof. The list of Scheduled Tribes is State-specific. In other words, a community declared as Scheduled Tribe in one State need not be so in another State. 

Scheduling and De-Scheduling of Tribes:-

Thus, the first specification of Scheduled Tribes in relation to a particular State/ Union Territory is by a notified order of the President, after consultation with the State Governments concerned. The above Article also provides for listing of Scheduled Tribes State-wise/UT-wise and not on an all- India basis. 

The criteria generally adopted for specification of a community as a Scheduled Tribe are : 

(a) indications of primitive traits;
(b) distinctive culture;
(c) shyness of contact with the community at large; 

(d) geographical isolation i.e. backwardness. 

These are not spelt out in the Constitution but have become well established. They take into account the definitions in the 1931 Census, the reports of the first Backward Classes Commission (Kalelkar Committee), 1955, the Advisory Committee on Revision of SC/ ST lists (Lokur Committee), 1965 and the Joint Committee of Parliament on the Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill, 1967 (Chanda Committee), 1969. There are over 700 tribes (with many of them overlapping in more than one State) as notified under Article 342 of the Constitution of India, spread over different States and Union Territories of the country. It is worth noting that no community has been specified as a Scheduled Tribe in relation to the States of Haryana and Punjab and the Union Territories of Chandigarh, Delhi and Puducherry. 

Ascertaining ST Status of Individuals:-

Where a person claims to belong to a Scheduled Tribe by birth, it should be verified: (a) that the person and his parents actually belong to the community claimed;
 (b) that the community is included in the Presidential Order specifying the Scheduled Tribes in relation to the concerned State; 
(c) that the person belongs to that State and the area within that State in respect of which the community has been scheduled; 
(d) he may profess any religion;
 (e) that he or his parents/grandparents, etc., should be permanent resident of the State/UT on the date of notification of the Presidential Order applicable in his case; (f) a person who is temporarily away from his permanent place of residence at the time of the notification of the Presidential Order—applicable in his case, say for example to earn a living or seek education, etc. can also be regarded as a Scheduled Tribe, if his tribe has been specified in that order in relation to his home State/Union Territory; 
(g) but he cannot be treated as such in relation to the place of his temporary residence notwithstanding the fact that the name of his tribe has been scheduled in respect of that State where he is temporarily settled, in any Presidential Order;
 (h) in the case of persons born after the date of notification of the relevant Presidential Order, the place of residence for the purpose of acquiring Scheduled Tribe status, is the place of permanent abode of their parents at the time of the notification of the Presidential Order under which they claim to belong to such a tribe. This does not apply to the STs of the Lakshadweep Islands for whom there is a requirement of being born in the UNION TERRITORIES in order to be eligible for ST status. 

Scheduled Tribe claims on migration :-

 Where a person migrates from the portion of the State in which his/her community is scheduled, to another part of the same State in respect of which his/her community is not scheduled, the person will continue to be deemed to be a member of the Scheduled Tribe, in relation to that State 

Where a person migrates from one State to another, he can claim to belong to a Scheduled Tribe only in relation to the State to which he originally belonged and not in respect of the State to which he has migrated. 

Scheduled Tribe claims through marriages :-

The guiding principle is that no person who is not a Scheduled Tribe by birth will be deemed to be a member of Scheduled Tribe merely because he or she has married a person belonging to a Scheduled Tribe. Similarly, a person who is a member of a Scheduled Tribe will continue to be a member of that Scheduled Tribe, even after his or her marriage with a person who does not belong to a Scheduled Tribe. 

Issue of Scheduled Tribe certificates :-

The candidates belonging to Scheduled Tribes may get Scheduled Tribe certificates, in the 

prescribed form, from any one of the following authorities: 

(i) District Magistrate/Additional District Magistrate/Collector/Deputy Commissioner/Additional Deputy Commissioner/Deputy Collector/1st Class Stipendiary Magistrate/City Magistrate/Sub Divisional Magistrate/ Taluka Magistrate/Executive Magistrate/Extra Assistant Commissioner [not below the rank of 1st Class Stipendiary Magistrate]; 
(ii) Chief Presidency Magistrate/ Additional Chief Presidency Magistrate/Presidency Magistrate;
(iii) Revenue Officers not below the rank of Tehsildar; 
(iv) Sub-Divisional Officer of the Area where the candidate and/or his family normally resides; 
(v) Administrator/ Secretary to the Administrator/Development Officer (Lakshadweep Islands). 

Punishments for officials issuing Scheduled Tribe Certificates without proper verification action is to be taken under the relevant provisions of the Indian Penal Code if any official is found to have issued a Scheduled Tribe certificate carelessly and without proper verification. This will be in addition to other action to which they are liable under the appropriate disciplinary rules applicable to them. 

Migrants from other States/Union Territories Persons belonging to a Scheduled Tribe who have migrated from one State to another for the purpose of employment, education etc. experience great difficulty in obtaining ST certificates from the State from which they have migrated. 

In order to remove this difficulty, it has been decided that the prescribed authority of a State Government/Union Territory Administration may issue a Scheduled Tribe certificate to a person who migrated from another state, on the production of the genuine certificate issued to his father/mother by the prescribed authority of the State of the father/mother’s origin except where the prescribed authority feels that a detailed enquiry is necessary through the state of origin before issue of the certificate. The certificate will be issued irrespective of whether the tribe in question is scheduled or not in relation to the State/Union Territory to which the person has migrated to. 

National Commission for Scheduled Tribes :-

In addition to the Office of the Commissioner for Scheduled Caste & Scheduled Tribes created in 1950 for effective implementation of various safeguards provided in the Constitution for the SCs & STs and various other protective legislations, a multi-member Commission for SCs and STs was set up in 1978. In 1992 these two organizations were replaced by a statutory multi-member National Commission for Scheduled Castes and Scheduled Tribes. However, since the needs and problems of Scheduled Tribes and the solutions required were quite different from those of Scheduled Castes, a special approach for tribal development and independent machinery to safeguard the rights of Scheduled Tribes was considered necessary. Accordingly, a separate National Commission for Scheduled Tribes (NCST) was set up with effect from 19th February, 2004 by amending Article 338 and inserting a new Article 338A in the Constitution, through the Constitution (Eighty-ninth Amendment) Act, 2003. 

The National Commission for Scheduled Tribes since its creation has submitted its 1st Report for the year 2004-05 and 2005-06 on 08.8.2006; 2nd Report for 2006-07 on 03.9.2008; 3rd Report for 2007-08 on 29.3.2010; 4th Report for 2008-09 on 27.8.2010; 5th Report for 2009-10 on 13.7.2011 and 6th Report for 2010-11 on 25.10.2013 and “Special Report on Good Governance for Tribal Development & Administration” on 18.6.2012 to the President of India. 

Tribal Sub Plan for States :-

The present Tribal Sub Plan (TSP) strategy was initially developed by an Expert Committee set up 

by the Ministry of Education and Social Welfare in 1972 for rapid socio-economic development of tribal people and was adopted for the first time in the Fifth Five Year Plan. The TSP strategy, with some modifications, continues till this day and the salient features with respect to TSP for States, are given below: 

The funds provided under the Tribal Sub Plan of the State have to be at least equal in proportion to the ST population of each State or UT; 

Tribals and tribal areas of a State or UNION TERRITORIES are given benefits under the TSP, in addition to what percolates from the overall Plan of a State/UT; 

The Sub-Plan should; 

. a)  Identify the problems and need of tribal people and critical gaps in their development

. b)  Identify all available resources for TSP

. c)  Prepare a broad policy framework for development,

. e)  Define a suitable administrative strategy for its implementation.

. f)  Specify the mechanism for monitoring and evaluation.

National Scheduled Tribes Finance and Development Corporation 

With a view to pay a focused attention and accelerate the pace of economic development of Scheduled Tribes, the erstwhile National Scheduled Castes and Scheduled Tribes Financial Development Corporation was bifurcated and National Scheduled Tribes Finance and Development Corporation (NSTFDC) was set up in April, 2001 under the Ministry of Tribal Affairs. The NSTFDC has been granted license under Section 25 of the Companies Act (A Company not for profit). The Authorized Share Capital of the NSTFDC is ₹ 500.00 crore and paid up capital is ₹ 230.50 crore as on date. In order to achieve the mandate set for the NSTFDC, (for undertaking selfemployment ventures/activities) financial assistance is extended by NSTFDC to the Scheduled Tribes, who are having annual family income upto double the poverty line. NSTFDC also provides financial assistance as grant for skill and entrepreneurial development of the target group. The financial assistance is channelized through Government owned agencies nominated by the respective Ministries/State Governments and UNION TERRITORIES Administrations. NSTFDC also provides financial assistance for procurement and marketing/minor forest produce so as to avoid the distress sale of produce/products by the Scheduled Tribes. 

Eligibility criteria for the beneficiary 

The beneficiary (ies) should belong to ST community and annual family income of the beneficiary (ies) should not exceed double the poverty line (DPL) income limit (presently DPL is ₹ 39,500/- per annum for the rural areas and ₹ 54,500/- per annum for the urban areas) In the case of Self Help Groups (SHGs), all the members of the SHG should belong to the ST community having annual family income upto Double the Poverty line (DPL). Similarly for Cooperative Society, loan is extended to the eligible STs through co-operative Society having minimum 80 per cent or more STs as member of the said cooperative society. NSTFDC is implementing following programmes for the economic development of STs. 

Term loan is provided for income generating activities. Marketing Support Assistance is provided for financial support for meeting the working capital requirement of the Central/State Government owned agencies and national level federations for undertaking procurement and marketing of minor forest produce agricultural produce collected grown by the STs and or related product services. Marketing Support Assistance extended to beneficiaries through the SCAs, the interest is at par with rates of interest for long term loan and the assistance is extended to the Central/State/UT owned organizations, national level federations directly involved in procurement, the interest rate is 7 per cent per annum. Assistance by way of grant is also given. 

Special Schemes :-

a. Adivasi Mahila Sashaktikaran Yojana (AMSY) is an exclusive scheme for the economic development of ST women, at a highly concessional rate of interest. Under the scheme NSTFDC provides Term Loan for scheme(s)/ project(s) costing upto ₹ 50,000/- per individual unit/profit centre. Financial assistance up to 99 per cent of the cost of the scheme(s)/project(s) is provided by the NSTFDC. The SCAs may charge a maximum interest @ 4 per cent per annum from the ultimate women beneficiaries. 

b.Micro-credit scheme is meant to provide financial assistance for undertaking small self- employment ventures/activities by the eligible STs through existing profit making SHGs. SCAs shall provide eligible amount of subsidy or margin money as per their scheme(s) for the target group and remaining amount may be provided as term loan by NSTFDC. In case of no subsidy and or no share of SCAs/banks as SCAs, NSTFDC may provide 100 per cent of the funds required as term loan subject to maximum of ₹ 15,000/- per member. 

Tribal Cooperative Marketing Development Federation of India Ltd. (TRIFED) :-

O. W.: http://www.trifed.in 

The Tribal Cooperative Marketing Development Federation of India Limited (TRIFED), was set up in 1987 as a national level apex body under the Multi State Cooperative Societies Act, 1984 (MSCS Act, 1984) After the enactment of the Multi-State Cooperative Societies Act, 2002 (MSCS Act, 2002) TRIFED is deemed to be registered under the latter Act and is also listed in the Second Schedule to the Act as a National Cooperative Society. 

The Bye-laws of TRIFED were revised in April, 2003 in tune with the new Multi State Cooperative Societies Act, 2002 read with the Multi State Cooperative Societies Rules, 2002. Under its revised mandate TRIFED has stopped bulk procurement in Minor Forest Produce (MFP) and surplus Agricultural Produce (SAP) from Tribals. (This procurement is now done by the State- level Tribal Cooperatives Societies/Federations). TRIFED now functions as a ‘market developer’ for tribal products and as ‘service provider’ to its member federations. 

TRIFED is now engaged in the marketing development of tribal products (natural and organic products, handicrafts, ratification etc.) through its own shops (TRIBES India) and shops selling its products on consignment basis. 

Recognition of Forest Rights of STs :-

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but chose rights on ancestral lands and their habitat were not adequately recognized in the consolidation of State forests during the colonial period as well as in independent India resulting in historical injustice to them. The Act has been notified for operation with effect from December 31, 2007. 

Rules, for implementing the provisions of the Act, were notified in January, 2008 and they envisage the constitution of various Committees under the Act, viz, the Sub Divisional Level Committee, District Level Committee and the State Level Monitoring Committee, by the State Governments; All the States have been requested to nominate the nodal officer for implementing the provisions of the Act. The State Governments were also requested to take necessary steps to ensure that awareness is created about the objectives, provisions and procedures of the Act and the Rules through various measures including awareness programmes and printed material such as posters in the regional languages; ensure the translation and publication of the Act and the rules in all the regional languages and arrange to distribute to all Gram Sabhas, Forest Right Committees and all Departments of the Government including Panchayati Raj, Rural Development, Tribal and Social Welfare and Forest Departments; undertake the orientation of officials, civilian representative and non-Governmental organizations in the State, who can then be called upon to assist as resource persons in the awareness programmes; and sensitize the Sub-Divisional and District Level Committees on the objectives, provisions and procedures of the Act and the Rules. 

As per the Act, the responsibility for recognition and vesting of forest rights and distribution of land rights rests with the State Government, as per the Rules notified for implementation of the Act. All the State Governments have been directed that the entire process of vesting of forest rights as per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 should be completed at the earliest. Web-based MIS for online monitoring of the implementation of the Act has been made operational with effect from 4th June, 2008 for testing purposes on website http://www.tribal.gov.in. However, final website would be operational which is at present under process of getting security-audit clearance. 

Vanbandhu Kalyan Yojana:-

VKY a strategic process. It aims at creating enabling environment for need based and outcome oriented holistic development of the tribal people.This process envisages to ensure that all the intended benefits of goods and services under various programmes/schemes of Central as well as State Governments actually reach the target groups by convergence of resources through appropriate institutional mechanism.

Scope

It covers all tribal people and all areas with tribal population across the country.

Objectives

Improving the quality of life in tribal areas

Improving the quality of education

Qualitative and sustainable employment for tribal families

Bridging infrastructure gaps with focus on quality

Protection of tribal culture and heritage

Components:-

Qualitative & Sustainable Employment.

Quality Education & Higher Education.

Accelerated Economic Development of tribal areas.

Health for all.

Housing for all.

Safe Drinking Water for all at doorsteps.

Irrigation facilities suited to the terrain.

All Weather Roads with connectivity to the nearby town/cities.

Universal Availability of Electricity.

Urban Development.

Robust institutional mechanism. (ITDAs/ITDPs)

Promotion and conservation of Tribal Cultural Heritage

Promotion of Sports in Tribal Areas.