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Extraordinary Gazette of India · Government of India

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Published 14 December 2012

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रजिस्ट्री सं० डी० एल०( एन) 04/0007/ 2003-12 REGISTERED NO . DL-( N) 04/0007/2003-12

भारत का राजपत्र TheGazette ofIndia

असाधारण

EXTRAORDINARY

भाग II-खण्ड 2

PART II- Section 2

प्राधिकार से प्रकाशित

PUBLISHED BY AUTHORITY

सं॰ 37]

नई दिल्ली, शुक्रवार, दिसम्बर14 2012/ अग्रहायण 23 , 1934 ( शक )

No. 37] NEW DELHI, FRIDAY, DECEMBER 14, 2012/AGRAHAYANA 23 , 1934 (SAKA)

इस भाग में भिन्न पृष्ठ संख्या दी जाती है जिससे कि यह अलग संकलन के रूप में रखा जा सके ।

Separate paging is given to this Part in order that it may be filed as a separate compilation .

LOK SABНА

The following Bills were introduced on 14th December , 2012 :--

BILL NO . 139 OF 2012

ABill further to amend the Constitution (Scheduled Tribes) Order, 1950 to modify the list ofScheduled Tribes in the States of Kerala and Chhattisgarh .

BE itenactedbyParliament in the Sixty-third Year of the Republic of India as follows: ---

Short title .

1. This Act may be called the Constitution (Scheduled Tribes) Order ( Second Amendment) Act, 2012 .

C.O. 22 .

2. In the Schedule to the Constitution (Scheduled Tribes) Order, 1950 , -

(a) inPart VII.- Kerala , after entry 27 , insert-

"28. Marati (of the Hosdurg and Kasargod Taluks of Kasargod District)" ;

Amendment of Part VII and Part XX of Constitu- tion ( Sched- uled Tribes) Order, 1950 .

(b) in Part XX .--- Chhattisgarh ,--

(i) in entry 16 , after " Asur , " , insert " Abhuj Maria, " ;

(ii) in entry 27, after " Korwa , " , insert " Hill Korwa, " .

[PART II-

THE GAZETTE OF INDIA EXTRAORDINARY

2

STATEMENT OF OBJECTS AND REASONS

Clause (25 ) of article 366 of the Constitution defines, " Scheduled Tribes " as under: " Scheduled Tribes " means 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.

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

"Scheduled Tribes . ( 1 ) The President may with respect to any State or Union territory, andwhere 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 ofScheduled Tribes specified in a notification issued under clause ( 1 ) any tribe or tribal community or part ofor 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 . " .

3. Inview of the above constitutional provisions , the first list of Scheduled Tribes in Kerala was notified vide the Scheduled Castes and Scheduled Tribes Lists (Modification ) Order, 1956. It was further amended/modified through the Scheduled Castes and Scheduled TribesOrders (Amendment ) Act, 1976 [No. 108 of 1976] ( dated 18th September, 1976) . The 'Marati ' community was excluded from the list of Scheduled Tribes of Kerala vide the Soheduled Castes and Scheduled Tribes Orders (Amendment ) Act , 2002 (No. 10 of 2003 ) (dated 07th January, 2003 ).

4. The communities of "Abujh Maria " and " Hill Korwa " identified as Particularly Vulnerable Tribal Groups have not been enlisted in the list of Scheduled Tribes of the State ofChhattisgarh.

5.To fulfil the long standing demand for re - inclusion of 'Marati' community in the list ofScheduled Tribes in the State of Kerala , it is proposed on the recommendation ofthe State of Kerala to amend Part VII , of the Schedule to the Constitution ( Scheduled Tribes ) Order, 1950 relating to Kerala and insert a new entry at Sl . No. 28 as--' Marati ' (ofthe Hosdurg and Kasargod Taluks of Kasargod District).

6. To fulfil the long standing demand for granting Scheduled Tribe status to the Particularly Vulnerable Tribal Groups namely "Abujh Maria " and "Hill Korwa " in the list of Scheduled Tribes in the State of Chhattisgarh , it is proposed on the recommendation of the State of Chhattisgarh to amend the entry at Sl . Nos . 16 and 27 occurring under Part XX ofthe Schedule to the Constitution (Scheduled Tribes ) Order, 1950, relating to Chhattisgarh and insert a new entry " Abujh Maria " after Asur at Sl . No. 16 and a new entry at Sl No. 27 of "Hill Korwa" after Korwa .

7. The Bill seeks to achieve the aforesaid objects .

V. KISHORE CHANDRA DEO NEW DELHI;

The 11th December, 2012 .

3

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

FINANCIAL MEMORANDUM

TheBill seeks to amend the Constitution (Scheduled Tribes) Order , 1950 by inserting anew entry at Sl. No. 28 in the list of Scheduled Tribes of Kerala State as-'Marati ' (of the Hosdurg and Kasargod Taluks of Kasargod District) and in the list of Scheduled Tribes of Chhattisgarh State , a new entry " Abujh Maria " after Asur at Sl . No. 16 and a new entry of "Hill Korwa " after Korwa at Sl . No. 27 .

2. The amendment in the list of Scheduled Tribes of Kerala and Chhattisgarh will entail additional recurring expenditure from the Consolidated Fund of India on account of benefits likely to be provided to the persons belonging to ' Marati ' , ' Abujh Maria ' and 'Hill Korwa ' communities out of continuing schemes meant for the welfare of the Scheduled Tribes . The same will be accommodated within the Annual Plan and non - Plan outlay of the Ministry.

4

THE GAZETTE OF INDIA EXTRAORDINARY

[PART II--

BILL NO . 138 OF 2012

ABill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2012-13 .

BE it enacted by Parliament in the Sixty-third Year of the Republic of India as follows:--

Short title .

1. This Act may be called the Appropriation (No. 4 ) Act , 2012 .

Issue of

Rs . 32119,50,00,000

2.From and out ofthe Consolidated Fund of India there may be paid and applied sums not exceeding those specified in column 3 of the Schedule amounting in the aggregate to the sum ofthirty -two thousand one hundred nineteen crores and fifty lakh rupees only towards defraying the several charges which will come in the course of payment during the financial year 2012-13 in respect of the services specified in column 2 of the Schedule .

outof the Consolidated Fund of India for the financial year 2012-13 .

Appropriation. 3. The sums authorised to be paid and applied from and out of the Consolidated Fund ofIndia by this Act shall be appropriated for the services and purposes expressed in the Schedule in relation to the said year.

SEC . 2]

THE GAZETTE OF INDIA EXTRAORDINARY

5

THE SCHEDULE

(See sections 2 and 3)

1

2

3

Sums not exceeding

Services and purposes

Total

Voted :by Parliament

No. of Vote

Charged on the Consolidated Fund

Rs.

Rs .

Rs .

1

...Revenue

Department of Agriculture and Cooperation

2

Revenue

Department of Agricultural Research and Education ...

3

Department of Animal Husbandry, Dairying and

Fisheries

Revenue

71,00,000

71,00,000

6

Revenue

Department of Chemicals and Petrochemicals

2,50,00,000

2,50,00,000

7

Revenue

Department of Fertilizers

9

Ministry of Civil Aviation

Capital

10

Revenue

Ministry of Coal

65,00,00,000

Capital

65,00,00,000

11

Revenue

Department of Commerce

12

Revenue

Department of Industrial Policy and Promotion

13

Revenue

Department of Posts

54,00,000

Capital

14

Revenue

87,65,00,000

Department of Telecommunications .

87,66,00,000

16

Revenue

Department of Consumer Affairs

19

Revenue

Ministry of Culture

20

Revenue

Ministry of Defence

23

Revenue

Defence Services-Navy

24

Revenue

Defence Services-Air Force

27

Capital Outlay on Defence Services

Capital

29

Ministry of Earth Sciences

Capital

30

Revenue

Ministry of Environment and Forests

Capital

31

Revenue

Ministry of External Affairs .

365,00,00,000

365,00,00,000

Capital

32

Revenue

Department of Economic Affairs

118,35,00,000

118,35,00,000

Capital

33

Department of Financial Services .....

Revenue

Capital

41

Revenue

Department of Revenue ....

Capital

42 Direct Taxes

Revenue

230,32,00,000

230,32,00,000

Capital

43

53,90,00,000

Indirect Taxes

Revenue

53,90,00,000

Capital

45

Revenue

Ministry of Food Processing Industries

3,75,00,000 46

3,75,00,000

Revenue

Department of Health and Family Welfare

48

Revenue

Department of Health Research

50

Revenue

Department of Heavy Industry

Capital

52

Revenue

Ministry of Home Affairs

53 Cabinet

Revenue

30,13,00,000

30,13,00,000

Capital

54

4,00,000

Police

Revenue

8,15,00,000

8,19,00,000

Capital

57

Ministry of Housing and Urban Poverty Alleviation ... Revenue [PART II----

THE GAZETTE OF INDIA EXTRAORDINARY

6

2

1

Services and purposes No. of Vote

58

3

Sums not exceeding

Total Voted byParliament

Charged onthe Consolidated Fund

Rs .

Rs .

Rs .

Revenue

Department of School Education and Literacy .......

104,03,00,000

Revenue

59 Department of Higher Education

104,03,00,000

4,71,00,000

Revenue

60 Ministry of Information and Broadcasting 4,71,00,000

Capital

Revenue

61 Ministry of Labour and Employment

Capital

Revenue

62 Election Commission

Capital

9,50,00,000

9,50,00,000

Revenue

Charged. Supreme Court of India

65

Revenue

Ministry of Micro , Small and Medium Enterprises ..

66

Revenue

Ministry ofMines

79,46,00,000 79,46,00,000

Capital

110,26,00,000

Revenue

68

Ministry of New and Renewable Energy

72

110,26,00,000

1,87,00,000

31,87,00,000

Revenue

Ministry of Personnel, Public Grievances and Pensions

30,00,00,000

28500,00,00,000

Revenue

73 Ministry of Petroleum and Natural Gas. 28500,00,00,000

96,00,000

Revenue

Charged. Staff, Household and Allowances of the President

96;00,000

38,40,00,000

Revenue

Lok Sabha

77

81

38,40,00,000

23,00,00,000

23,00,00,000

Capital

Ministry of Road Transport and Highways .

Revenue

82

Department of Rural Development.

Revenue

85

Department of Science and Technology

Revenue

88

Ministry of Shipping

..... Revenue

89

Ministry of Social Justice and Empowerment

90

Capital

Department of Space

91 Ministry of Statistics and Programme

Revenue

Implementation

125,68,00,000

Revenue

92

Ministry of Steel.

125,68,00,000

Revenue

93 Ministry of Textiles

Capital

Revenue

96 Andaman and Nicobar Islands

76,72,00,000 76,72,00,000

Revenue

97

Chandigarh

Capital

Revenue

101 Department of Urban Development

102 Public Works

Capital

Revenue

104 Ministry of Water Resources

Revenue

105 Ministry ofWomen and Child Development

Revenue

106 Ministry of Youth Affairs and Sports

142,44,00,000

31977,06,00,000

32119,50,00,000

TOTAL 7

THE GAZETTE OF INDIA EXTRAORDINARY

SEC. 2]

STATEMENT OF OBJECTS AND REASONS

ThisBill is introduced in pursuance of article 114 ( 1) of the Constitution of India , read with article 115 thereof, to provide for the appropriation out of the Consolidated Fund of India of the moneys required to meet the supplementary expenditure charged on the Consolidated Fund of India and the grants made by the Lok Sabha for expenditure of the Central Government, excluding Railways , for the financial year 2012-13 .

P. CHIDAMBARAM

PRESIDENT'S RECOMMENDATION UNDER ARTICLE 117 OF

THE CONSTITUTION OF INDIA

[Copy of letter No. 4( 16) -B( SD)/ 2012, dated 6th December, 2012 from Shri P. Chidambaram , Minister of Finance to the Secretary- General , Lok Sabha ]

The President , having been informed of the subject matter of the proposed Bill to authorise payment and appropriation of certain further sums from and out of the Consolidated Fund of India for the services of the financial year 2012-13 , recommends under article 117( 1 ) and (3 ) of the Constitution , the introduction of the Appropriation (No. 4) Bill , 2012, in Lok Sabha and also the consideration of the Bill.

T.K. VISWANATHAN ,

Secretary-General.

PRINTED BY DIRECTORATE OF PRINTING AT GOVT. OF INDIA PRESS , MINTO ROAD , NEW DELHI AND PUBLISHED BY THE CONTROLLER OF PUBLICATIONS, DELHI -2012.

GMGIPMRND-4197GI (S-3)-26.12.2012 .

Cite this issue. Extraordinary Gazette of India, Government of India, 14 December 2012. Indian Gazettes, https://egazette.servantsofknowledge.in/details/in.gazette.central.e.2012-12-14.36054/. Archive identifier in.gazette.central.e.2012-12-14.36054.