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Registered No. D. 221

The Gazette of India

EXTRAORDINARY

PART II--Section 2

PUBLISHED BY AUTHORITY

No. 52B] NEW DELHI, MONDAY, NOVEMBER 17, 1969/KARTIKA 26, 1891 (SAKA)

Separate paging is given to this Part in order that it may be filed

us a separate compilation.

LOK SABHA

The following report of the Joint Committee on the Bill to provide for the inclusion in, and the exclusion from, the lists of Scheduled Castes and Scheduled Tribes, of certain castes and tribes, for the readjustment of re- presentation, and re-delimitation of parliamentary and assembly consti- tuencies in so far as such readjustment and re-delimitation are necessitat- ed by such inclusion or exclusion and for matters connected therewith was presented to Lok Sabha on the 17th November, 1969: —

COMPOSITION OF THE COMMITTEE

Shri Anil K. Chanda—Chairman.

MEMBERS

Lok Sabha

2. Shri R. S. Arumugam

Shri C. K. Chakrapani

3.

4. Shri N. T. Das

5. Shri G. Y. Krishnan

Shri N. R. Laskar

6.

7. Shri Raja Venkatappa Naik

916/7

1035 G OF I—1.

Shri J. H. Patel Shri Deorao S. Patil Shri Trilokshah Lal Priendra Shah Smt. Rajni Devi Shri Ram Charan

8. 9. 10. 11. 12. 13. Shrimati B. Radhabai Ananda Rao 14. 15. 16. 17. 18. 19. 20. 21. •22.

Shri J. B. Muthyal Rao Shri K. Subravelu Shri P. R. Thakur Shri Ramchandra Ulaka Shri M. G. Uikey Shri S. M. Siddayya Shri Kartik Oraon Shri Hukam Chand Kachwai Shri P. Govinda Menon.

Rajya Sabha

 23. Shri Neki Ram
 24. Shri  D. D. Kurre
 25. Shri K.  S.  Chavda
t26. Shri  Kota  Punnaiah
 27. Shri  Sheel  Bhadra  Yajee
 28. Shri  Emonsing M.  Sangma
 29. Dr.  (Smt.)  Phulrenu  Guha
 30. Shri  Lokanath  Misra
 31. Shri  B. Yella  Reddy
 32. Shri B. D. Khobaragade
 33. Shri  Sunder  Singh  Bhandari.

LEGISLATIVE COUNSEL

1. Shri S. K. Maitra, Joint Secretary and Legislative Counsel, Ministry of Law.

2. Shri R. N. Shinghal, Deputy Legislative Counself Ministry of Law.

REPRESENTATIVES OF THE DEPARTMENT OF SOCIAL WELFARE

1. Shri N. Sundaram, Joint Secretary, Department of Social Welfare.

2. Shri R. D. Sonkar, Deputy Secretary, Department of Social Welfare.

3. M. P. Rodrigues, Under Secretary, Department of Social Welfare.

4. Shri S. K. Kaul, Officer on Special Duty, Department of Social Wel- fare.

SECRETARIAT

Shri M. C. Chawla—Deputy Secretary.

• A p p o i n t ed w. c. f. 1 4 th N o v e m b e r, 1 9 6 8, v i ce S h ri A S O KE M e h ta r e s i g n e d,

t Appointed w. c.f. 30th August, 1968 wee Shri D. Sanjivayya resigned.

REPORT OF THE JOINT COMMITTEE

1. the Chairman of the Joint Committee to which the Bill* to provide for the inclusion in, and the exclusion from, the lists of Scheduled Castes and Scheduled Tribes, of certain castes and tribes, for the readjustment of representation, and re-delimitation of parliamentary and assembly constituencies in so far as such readjustment and re-delimitation are necessitated by such inclusion or exclusion and for matters connected therewith was referred, having been authorised to submit the Report on their behalf, present their Report with the Bill, as amended by the Committee, annexed thereto.

2. The Bill was introduced in Lok Sabha on the 12th August, 1967. The motion for reference of the Bill to a Joint Committee of the Houses was moved in Lok Sabha by Shri Asoka Mehta, the then Minister of Petroleum and Chemicals and Social Welfare on the 26th Mjarch, 1968 which was discussed and adopted on the same day.

3. The Rajya Sabha discussed and concurred in the said motion on the 28th March, 1968.

4. The message from Rajya Sabha was reported to Lok Sabha on the 29th March, 1968.

5. The Committee held 22 sittings in all.

6. The first sitting of the Committee was held on the 27th April, 1968 to draw up their future programme of work. At this sitting, the Com- mittee decided that a Press Communique should be issued advising public bodies, organisations, associations and individuals who were de- sirous of submitting their suggestions or view, or of giving oral evidence on the provisions of the Bill to send written memoranda for the purpose. The Committee also decided to issue a circular letter to all the State Union Territory Governments to furnish their comments on the provi- sions of the Bill. The Committee further decided that representatives of the representative organisations/associations of the Scheduled Castes and Scheduled Tribes who were vitally concerned with the proposed measure and might throw some light thereon should also be addressed specifically to send their comments/suggestions on various provisions of the Bill. The Committee also decided to hear the representatives of State Union Territory Governments, if they so desire. The Committee desired that In view of the great public importance of the Bill wide publicity of its provisions be given throughout the country from all Regional Stations of All India Radio and through the Press in newspapers all over the country in various languages—Hindi, English and other Regional langu- ages. The Chairman was authorised to select parties, after receipt of written memoranda from them, for oral evidence before the Committee. At their second sitting held on the 10th June, 1968 the Committee took note of the poor publicity given by the Press to their Press Communique

•Published in the Gazette of India, Fxtraordinary ParT II, Sectir>n 2, dated t]-e I2tb August, 1967.

and the unsatisfactory response from the public in sending their views and in volunteering to give oral evidence. The Committee, therefore, decided to extend further the date for the receipt of memoranda and issued a fresh Press Communique in this behalf. At their fourth sitting held on the 9th July 1968 the Committee tagain issued another Press Communique extending the date of receipt of Memoranda etc.

7. 262 memoranda |representations etc. on the Bill were received by the Joint Committee from different State|Union Territory Governments] organisations|associations[individuals,

8. At the first sitting, the Committee also decided to form Study Groups to undertake on-the-spot study visits to different pockets]belts in various parts of the country which were predominantly inhabited by the Scheduled Castes and Scheduled Tribes (including Andaman and Nicobar Islands and Laccadive, Minicoy and Aminidivi Islands) to ac- quire first hand knowledge about the problems facing the various oastes| tribes who were vitally affected by the provisions of the Bill.

9. The Committee divided itself into several Study Groups and visit- ed pocketsjbelts predominantly inhabited by the Scheduled Castes and Scheduled Tribes in the States of Maharashtra and Goa; Uttar Pradesh; Himachal Pradesh; Andhra Pradesh; Mysore; Kerala and Madras; Gujarat and Rajasthan; Assam; Tripura; Orissa; West Bengal and Bihar, Madhya Pradesh; Andaman and Nicobar Islands; Manipur and Chandi- garh. During their visits the members saw the living conditions of the Scheduled Castes and Scheduled Tribes and held discussions with the officials of the various States|Union Territories, representatives of non- officiial bodies|organisations and individuals, regarding the inclusion in, and exclusion from, the lists of Scheduled Castes and Scheduled Tribes, of certain castes and tribes in the light of the proposed legislation.

10. The Committee have decided that the Study Notes on the visits undertaken by their Study Groups should be laid on the Tables of both the Houses.

11. At their third, fourth, fifth, eighth, ninth, tenth, eleventh, twelfth and fifteenth sittings held on the 8th, 9th and 10th July, 1968, 4th, 5th, 6th, 7th and 8th January and 26th July, 1969 respectively, the Committee heard the evidence given by 33 parties.

12. The Committee decided that the evidence given before them should

be printed and laid on the Tables of both the Houses.

13. The Report of the Committee was to be presented by the first day of the Fifth Session of Lok Sabha. As this could not be done, the Com- mittee at their fourth sitting held on the 9th July, 1968 decided to ask for extension of time for presentation of their Report upto the first day of the second week of the Seventh Session. Necessary motion in this be- half was brought before the House and adopted on the 22nd July, 1968. As the Report could not be presented on the extended date, the Com- mittee again decided to ask for further extension of time upto the 29th August, 1969 which was granted by the House on the 24th February, 1969. As the Report could not be presented on that extended date also, the Committee requested for further extension of time upto the first

day of the Ninth Session of Lok Sabha which was granted by the House on the 29th August, 1969.

14. The Committee considered the Bill clause-by-clause at their 15th to 21st sittings held on the 26th July, 22nd and 23rd September, 3rd 4th, 5th and 6th November, 1969 respectively.

15. The Committee have also decided that a> set of memoranda]repre- sentations received from various parties [organisations etc. should be laid on the Tables of both the Houses and a copy thereof placed in the Parliamentary Library for reference by Members.

16. The Committee considered and adopted their Report on the 15th November, 1969.

17. The observations of the Committee with regard to the principal changes proposed in the Bill are detailed in the succeeding paragraphs.

18. Clause 5.—The Committee consider that it would be advisable to provide that Rules made under the proposed enactment for ascertaining or estimating the population of Scheduled Castes and Scheduled Tribes as a result of the changes made in the lists should be laid on the Table of both the Houses of Parliament. A new subclause (3) has accordingly been added to this clause.

19. The First Schedule.—(i) This Schedule seeks to amend the fol- lowing Orders issued by the President of India specifying the Scheduled Castes in the various States and Union Territories:

(1) The Constitution (Scheduled Castes) Order, 1950.

(2) The Constitution (Scheduled Castes) (Union Territories) Order, 1951.

(3) The Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956.

(4) The Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962.

(5) The Constitution (Pondicherry), Scheduled Castes Order, 1964.

(6) The Constitution (Goa, Daman and Diu) Scheduled Cashes Order, 1968.

(ii) The original Bill sought to amend paragraph 2 of each of these Orders so as to specify the castes, the synonyms and sub-castes in three separate columns. The Committee was of the view that this would lead to confusion inasmuch as in many cases it was difficult to decide whe- ther a particular name was a synonym or a sub-caste. The Committee therefore, feel that it would be best to follow the wording in article 341 (1) of the Constitution and enlist the "castes, races or tribes or parts of, or groups within, castes, races or tribes". The Committee have, therefore, modified each of the Scheduled Castes Orders accordingly. In the lists of Scheduled Castes, the main caste name is written first, fol- lowed by the synonyms and the name of sub-castes in alphabatical order.

(iii) The Bill provides that a displaced person from Eastern Pakis- tan who is a member of a caste specified as a Scheduled Caste In rela- tion to the State of West Bengal will be deemed to be a member of the Scheduled Caste in relation to any State in which he is voluntarily

residing. The Committee feel that in order to remove any doubt it would be proper to lay down also that the castes of such displaced per- sons should be deemed to be included in the Schedule pertaining to the respective States.

(iv) At present, if a Scheduled Caste person belonging to any parti- cular State migrates to some other State, he will not be treated as a Scheduled Caste unless his caste is included in the list of Scheduled Castes of the State to which he has migrated. The Committee feel that this entails hardship and is also not equitable, inasmuch as the member of the Scheduled Caste continues to suffer from the various disabilities arising out of the traditional practice of untouchability. His economic and social status does not necessarily improve by migration and he still needs special assistance. The Committee have, therefore, inserted a provision to the effect that a member of the Scheduled Caste who mig- rates to another State will continue to be treated as a Scheduled Caste of the State to which he has migrated.

(v) Normally a woman marrying a Scheduled Caste has the same social and economic status as her husband. Under the present law, how- ever, such a women "continues to retain her own caste and is not eligi- ble for any facility admissible to the Scheduled Castes. This is an anamolus position and, therefore, the Committee feel it desirable to include a provision whereby a woman marrying a member of the Sche- duled Caste will be deemed to belong to the caste of her husband.

(vi) In the Bill, a general provision has been made excluding dero- gatory expressions, namely, 'Dhed, Chandala, Panchama and Paraiyan, from the Schedules to the Scheduled Castes Orders. At the same time provision has been made that notwithstanding such omission from the lists, members of these castes will continue to be treated as Sche- duled Castes. The Committee feel that the term "Charal", which is used in West Bengal, should also be added to this list and a suitable amend- ment has, therefore, been made in paragraph (b) of Chapter I of the First Schedule.

(vii) The Committee devoted considerable time in deciding the criterion which should be adopted in order to determine whether a community should be included in the list of Scheduled Castes. The Committee are of the opinion that extreme social, educational and eco- nomic backwardness arising out of the traditional practice of untoucha- bility should be the criterion for including a community in the list.

The Committee also feel that any proposal for inclusion in, or ex- clusion from, the lists of Scheduled Castes, of any community should be examined with reference to the social condition of the members of that community in the relevant State. The social condition of a caste varies *rom State to State, and it will not be proper to generalize any caste as a Scheduled Caste in the whole country.

(viii) The Committee received several memorandja and representa- tions, made on-the-spot study visits to various States, recorded the evid- ence of individuals and organisations, and after detailed discussions have modified the lists in the Bill keeping in view the criterion and guidelines referred to above.

(ix) A statement of changes made in the lists of Scheduled Castes is indicated in Annexure I.

(x) In the original Bill, no amendment had been proposed to the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1&68 as this Order was promulgated after the Bill was introduced in Lok Sabba. Amendments have now been incorporated to bring this Order in line with the amendments proposed to the Orders specifying the Scheduled Castes in other States and Union Territories.

The Minister of Law and Social Welfare also promised to make en- quiries as to whether the "Dhor", "Chamar" and "Mochi" communities existed in the Union territory and whether they qualified for inclusion on the basis of accepted criterion; and if necessary, he is likely to move an amendment in this behalf in the House at the appropriate time.

20. The Second Schedule.— (i) In this Schedule amendments have been proposed to the following Orders promulgated by the President of India specifying the Scheduled Tribes in the various States and Union Territories:

(1) The Constitution (Scheduled Tribes) Order, 1950,

(2) The Constitution (Scheduled Tribes) (Union Territories) Order, 1951.

(3) The Constitution (Andaman & Nicobar Islands) Scheduled Tribes Order, 1959.

(4) The Constitution (Dadra and Nagar Haveli) Scheduled Tribes Order, 1962.

(5) The Constitution (Scheduled Tribes) (Uttar Pradesh) Order.

1967.

(6) The Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968.

(11) The Committee feel that the proposal to specify the tribes, the synonyms and the sub-tribes in three separate columns will not be ap- propriate. As in the case of Scheduled Castes Orders, the Committee are of the view that it would be best to follow the wording of article 342 (1) of the Constitution and specify "The tribes or tribal communities, or parts of, or groups within, tribes or tribal communities". Each of the Scheduled Tribes Orders have been modified accordingly, and in the lists of Scheduled Tribes the main tribe name is written first followed by the synonyms and sub-tribes in alphabetical order.

(iii) The Committee also considered the question as to whether a member of the Scheduled Tribes should continue to be treated as a Scheduled Tribe after conversion to another religion other than a tribal religion. The Committee are of the opinion that no person who has given up the tribal faith or faiths and has embraced Christianity or Islam should be deemed to be a member of Scheduled Tribes. Amendments to the Scheduled Tribes Orders have been made accordingly.

The Minister-in-charge expressed his difficulties with regard to the acceptance of the proposed amendment. He stated that the proposed

amendment is inquired to be examined very carefully in consultation with the Ministries of Law, Home Affairs and External Affairs.

(iv) For the specification of communities as Scheduled Tribes, the Committee adopted as the criteria indications of primitive traits distinc- tive culture, geographical isolation, shyness of contact with the commu- nity at large and backwardness. As a further guideline, the Committee feel that in deciding whether a community should "be included in or excluded from the list of Scheduled Tribes for a particular State or Union Territory it should be examined whether the community satisfies the criteria laid down in that particular State.

(v) Chaf>ter II—Paragraph 3.—The amendment made in this para- graph is of a formal character.

(vi) The Committee received several memoranda and representations and recorded evidence of several individuals and organisations represent- ing the various communities. They also made on-the-spot study visits in the various States. As a result the Committee have made various modifications in the list of Scheduled Tribes. These are Indicated in Annexure II.

(vii) The Committee have inter alia suggested the inclusion in the list of Scheduled Tribes for Assam of certain communities which had migrated to the State in the past and are at present working as tea garden labourers. The Minister of Law and Social Welfare was of the view that these communities did not satisfy the criteria for Inclusion in the list of Scheduled Tribes and indicated that he is likely to move an amendment in this behalf in the House at the appropriate time.

(viii) The Committee have also suggested certain amendments to the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968 which was issued after the Bill was introduced in Lok Sabha. These amend- ments are intended to bring the said Order in conformity with the other Orders specifying the Scheduled Tribes in other States and Union Terri- tories.

21. Clause 1 and Enacting Formula— Amendments made in these are of a formal character.

22. The Joint Committee recommend that the Bill, as amended, bi:

passed.

ANIL K. CHANDA,

Chairman, Joint Committee.

NEW DELHI-1.

15th November, 1969.

ANNEXURE I

(Vi.de para 19 (ix) of the Report)

THE FIRST SCHEDULE

Name oi the Caste included. Name of the Caste excluded

i

2

CHAPTER I

PART 1—ANDHRA PRADESH

1. Chamar-Ravidas, Chamar-Rohidas (against Chamar)

PART II—ASSAM

1. 2. 3. 4.

Chamar-Rohidas (against Chamar) Dom Dushad Badiar (against Dugla)

PAR'J III—BIHAR

1.

2. 3. 4. 5.

Chamar-Ravidas, Chamar-Bohidas (against Chamar) Rajak (against Dhobi) Bansphor, Dhangad (against Dom) Khelta Tanti, TantWe (against Pan)

Other Changes:

(i) area restriction has been removed in respect of 'Bhuiya' caste. (ii) 'Bhumij' caste has been included in the list of Scheduled Castes in Patna and Tirhut divisions and distiicts of Monghyr, Bhagalpur, Soharsa and Purnea only.

PART IV—GUJARAT

1. Barwasia, Zampad (against Bhangi) 2. Chamar-Ravidas (against Chamar) 3. Meghval (against Vankar)

Other Changes:

(i) 'Nadia' has been included as mam caste instead of a synonym of 'Chamar'.

(ii) 'Rawat' which was already included in the Bill as synonym of 'Shenva' has been substituted by 'Shenva-Rawat'.

PART V—HARYANA

1. Ramdasia, Chamar-Ravidas.

Chamar-Rohidas (against Chamar)

2. Sapera (against Sapela)

Other Changes;

(I) 'Kabirpanthi' which was already included in the Bill as sub- caste of 'Julaha' has been substituted by 'Kabirpanthi-Julaha'.

1035 G OF 1—2.

1

2

PART VI—KERALA

1.

2. 3. 4.

5.

6.

Chemmar, Chamar-Ravidas, Chamar-Rohidas (against Chakkiliyan) Chavalakkaran Kudumbl Peruvannan, Varnavan (against Mannan) Paniyan Sambavan,' Sambavar

Other Changes:

(I) 'Cheraman' and 'Pulayan' were already included in the Bill but 'Pulayan' has been accepted as the main caste and the 'Cheraman' as its synonym.

(ii) Thandan excluding Ezhava' which was already in the Bill has been substituted by 'Thandan excluding Ezhava Thandan'.

(hi) 'Thoti' which was already included in the Bill has been sub- stituted by 'Thotti'.

PART VII—MADHYA PRADESH

1. 2. 3.

4. 5.

Badhak (against Bagdi) Beria (against Bedia) Chamar-Ravidas, Jingar. Ladla (against Chamar) Dahait, Dahayat, Dahat Pan (against Ganda)

Other Changes:

'Bhambi' has been included as sub-caste of 'Chamar' instead of a sub-caste of 'Balahi'.

PART VIII—MAHARASHTRA

1.

2.

Chamar-Ravidas (against Chambhar) Smdhollu, ChindhoLu

PART IX--MYSORE

1. 2.

3.

4

Mansa (against Maila) Mugera (against Moger) Chamar-Ravidas (against Samagara) Dombi-Dasar (against Dom)

1 Bhovi [uf the districts of Bangalore, Bellary, Chika- magalui, Chitradurgn, Hassan Kolar Mandya, Mysore (ex- Lept Kollegal taluk) Shimoga and Tumkur], Bovi, Voddar.

I

2

PART X—QKIBSA

1 . Chamar-Ravidas, Chamar-Rohidas

(against Chamar)

2

3 4.

. Rajaka (against Dhoba) . Mahar, Mehra, (against Meher) , Kadma (against Kandra)

PART XI—PUNJAB

1.

2.

Ramdasia, Chamar-Ravidas, Chamar-Rohidas (against Chamar) Sapera (against Sapela)

Othe

r Changes:

'Kabirpanthi' which was already included in tl tiill has been substituted by 'Kabirpanthi-Julaha'.

PART XII—RAJASTHAN

1.

2.

Lalposh (against Bhangi) 1. Gancha. Chamar-Ravidas, Chamar- Rohidas (against Chamar)

3. Garda, Garoda, Garolla,

Garura, Gurda

r Changes;

'Megh-Vanshi' which was misprinted ii the Bill Ms be.ni corrected as 'Meghvanshi'.

PART X I I I —T A M IL NADVT

1.

2.

3.

4. 5.

6.

7.

8.

9.

Chakiliyar (with Chakkiliyan) 1. Velau. Chamar-Ravidas, Chamar- Rohidas (against Chakkiliyan) Devandrakulathar (with Devendrakulathan) Kudumbar (with Kudumban) Pallar (with Pallan) Vathiriyar (with Vathiriyan, against Pallan) Puthirai Vannar (with Puthirai Vannan) Semmar (with Semman) Pallar—Novithar

Other Changes:

(i) 'Madras' has been substituted by 'Tamil Nadu' as a consequence of change of the name of the State.

(ii) 'Panan (of Kanya Kumari district and the Sherkotah Taluk of Tirunelveli district)' has been included as main caste instead of a sub-caste of 'Adi-Dravida'.

'iii) 'Sambavar' has been included as main caste instuad of a (

synonym of 'Adi-Karnataka'.

iv) 'Madari' has been included as main caste instead of a synonym (

of 'Chakkiliyan'.

(v) 'Pulayan' has been included as sub-caste of 'Cheramar' instead of a sub-caste of 'Chalavadi'.

vi) 'Vaunan' has been substituted by 'Vannan'.

(

X

2

PART XIV—UTTAR PRADESH

1. Halalkhor (against Balmiki)

Bauria (against Bawaria)

2.

3.

4.

5- 6.

Kureel, Raidas, Charnar-Ravidas, Chamar-Rohidas (against Chamar) Rajak (against Dhobi) Pornahra, Supach (against Dom) Shikwa (against Khatik)

7. Sansi (against Sansiya)

8. Khairaha Khorot

9.

Other Change*,;

(i) The spelling of 'Bahaeliaya' as shown m the Bill has been corrected as 'Baheliya'.

(ii) The spelling of 'Bajanya' as shown in the Bill has been corrected as 'Bajaniya'.

(iii) 'Mazhabi, has been included as main caste instead of a synonym of 'Balmiki'.

(iv) The spelling of 'Gharmai' as shown in the Bill has been corrected as 'Gharami'

(v) 'Shilpkar' which was included in the Bill throughout the State

has been included only in Kumaon & Garhwal Divisions.

PART X V—W E ST BENGAL

I.

2.

3.

Byagra Kshatriya, Let (against Bagdi) Satnami, Chamar- Rohidas (against Chamar) Deshwali Majhi

4.

5.

Dhoba, Rajak, Sukladas (against Dhopa) Hela

CHAPTER II

PART I—CHANDIGARH

1.

2.

Ramdasia, Chamar Ravidas, Chamar- Rohidas (against Chamar) Sapera (against Sapela)

Other Changes;

'Kabirpanthi' which was already included in the Bill has been

substituted by 'Kabirpanthi-Julaha'

I

2

PART II—DELHI

1. Chamar-Ravidas, Chamar-Rohidas (against Chamar)

Badi (against Naribut)

2.

PART IIT—HIMACHAL PHADESIJ

1. Chamar-Ravidas, Chamar-Rohidas (against Chamar)

2 Nath (against Jogi)

Othei

• Changes:

(i) 'Nagalu' has been included as synonym of 'Sapela' instead of a synonym of 'Badhi',

(ii) 'Kabirpanthi' which was already included in the Bill has bcon substituted by 'Kabirpanthi-Julaha'

PART IV—MANTPUR

1. Chamar-Rohidas (against Muchi)

PART V—TRTPURA

1. Chamar-Ravidas, Chamar-Rohidas (against Chamar)

CHAPTER III

JAMMU AND KASHMIR

1. Chamar-Ravidas, Chamar-Rohidas (against Chamar)

2. Doomna.

CHAPTER IV

DADRA AND NAGAR HAVELI

1. Chamar-Ravidas, Chamar-Rohidas (against Chamar)

2. Vankar (against Mahyavanshi)

Other

Changes:

'Rohit' has been accepted as synonym of 'Chamar' instead of a synonyn of 'Mahyavanshi¹.

CHAPTER V

PONDICHERRY

Changes:

Other

'Sambavar' has been included as a main caste instead of a sub- caste of 'Adi-Dravida'

ANNEXURE ?I

[Vide para 20 (vi) of the Report]

THE SECOND SCHEDULE

Name of the Tribe included Name of the Tribe excluded

2

t

PART I—ANDHRA PRADESH

1. Agmkula Kshatriya, Palli 1. Raj Gond

Koi, Koitur (against Gond).

2.

Changes:

Other

in the Bill but 'Kondh' 'Kodu' and 'Kondh' tribes were already has b"on accepted as the main tribe.

PART II—ASSAM

the Autonomous Districts:

I. In

1. Bhoi.

Boro (against Kachari).

1.

2. War

Gond.

2.

Kamar.

3.

4. Kharia

5. Koch (of Garo Hills)

Khond.

6.

7. Mech.

8. Arleng (against Mikir).

9. Munda

10. Oraon

11. Pahari

12. P an

13. Paite

14. Santal

15.

16.

Rabha Rava

Other

Changes:

(i) 'Kachari' which was shown as synonym of 'Chakma' has beer accepted as the main tribe and 'Dimasa' as its synonym.

(ii) 'Riang' has been accepted as the main tribe and not as a sub- tribe of 'Kuki' as shown in the Bill.

II. ?n the Transferred Areas:

1. Mishing

2. Santal

I

2

III. J?i  the  Plains Areas:
   1.  Chero
   2.  Gond
   3. Ho
   4. Garo
   5. Hmars
   6. Kandh
   7. Kharia
   8. Konda
   9. Mikir
  10.  Munda
  11.  Oraon,  Orang
  12.  Santal,  Santhal
  13.  Sauria  Paharia

IV. In the North-Eaat Frontier Agency:

For the existing list of Sche- duled Tribes in the North-East Frontier Agency, the follow- ing list has been substituted:

A VinT A rH A ^Hin 0 "RncriiTn

1.

2. 3. 4.

5.

6. 7. 8.

9. 10. 11. 12.

13.

Bokar, Bomdo, Bori, Gallong including: Basar, Bomi, Bong, Botung, Karka, Karko, Kom- kar, Lare, Lodu Milang, Min- yong, Padams, Pailibo, Paktu, Pangi, Pasi, Ramo, Shimong, Tangam, Janbo. Aka, Hrusso, Khrod"ng. Apatani, Apatanang. Dafia, Bangni, Nishi, Nishang, Bangru, Yalo, Yano. Hill Miri, Tarbotia, Panibotia, Sarak, Khamba Khampti, Khamti. Khowa, Khoa, Bugun. Mayor Memba Mijj, Dhammai. Mishmi, Chulikata including Bebaia, Idu, Kaman, Miju, Taraon, Digaru. Monpa, But Monpa, Dirang Monpa, Lishpa, Chukpa, Kala- ktang, Monpa, Tawang, Brahmi Monpa.

14. Nocte, Hakhun, Khapa, Hawa, Domlak, Phothung, Jope, Sangniyak, Laju, Dadom.

I

2

15. Sherdukpen, Thonji, Senji

16. Singpho, Sinpho, Chinphou

17. Sulung

18. Tagin, Soreng-Ling-Po, Moya, Mayu,

Mara, Na.

19, Changwan, Havi, Khamiyang, Khem- sing, Longchang, Longphi, Longri, Lung Chang, Lungri, Maimongs, Mogium, Moklum, Morang, Mosang, Musang, Rang Tang, Ronrang, Sanake, Tangsa, Takani, Teikam, Tikhak, Tonglum, Tongsing, Yogli, Yong- kuk.Yotingkuk

2J. Wancho.

21. Zakhring

PART III—BIHAR

Tamaria.

I. Agaria, Bir (against Asur)

I.

2. Kawar.

3. Dhangar, Dhangad (against Oraon).

Other Changes :

(i) For the purp scs of area restriction in respect of 'Bhumij' tribe, the 'Palamau' district has also been included.

(ii) 'Kisan which was already included as synonym of'Nagesia has been substituted b) 'Niigesia-Kisan'.

PART IV—GUJARAT

1.

2.

Nayak. Rajgond.

PART V—KERALA

Mulluva Kuruman.

1. KuUuva Kuruman,

1.

Vctu Kuruman (against Kuruman).

Other Changes :

The existing tribe 'Then Kuruman'

shown as the synonym of 'Kattuna- \

PART VI—MADHYA PRADI-SH

. Raj Gond.

T. Dhur (with Dhuru, against GondX 1 2. Alaria (with Madia, against Gond). 3. Muria (with Mudia3 against Gond). 4. Rathia (against Kanwar). 5. Sor (against Seharia).

1

Other Change* :

(i) 'Andh' tiibe shown in the Bill as the sub- tribe of 'Gond' has been accepted as the main tribe.

(ii) 'Halbi' which was shown as the synonym of 'Halba' has been accepted as a main ti ibc.

PART VII—MAHARASHTRA

1.

1. Mann.

Gond Burud, Madia or MJIKI (against Gond).

2. Pardhij Advichincher Paidhi, I'lunse Pardhi, Shikari Pardhi.

Othc

r Change*. :

The spelling of 'BhilF tribe at> shown in the Dill has been corrccicd .is 'Bhil'.

PART VIII—MYSORE

1. Bhovi, Bovi.

x. Adiya.

2. Kamrnara.

2. Ghantichore.

3, Kaniyan, K-invun.

HanJi Jogi.

Kepmari.

3- 4

Koracha.

Koraraa. Thenukudi (again ,t Kudiya).

5- 6. 7- 8, Sillekyatha. Sudugndu Siddlu.

9-

Other Chatiga :

(i) Area restriction in rcspcci of 'Banjara' tribe has been removed.

(ii) The spelling of the tiibal name has been corrected from 'Maranshikari' to 'Haranshikari',

PART IX—ORISSA

1.

2.

Paidi Bhuyan, Paudi Bhuyan (against BhuiyiO. Bhinjhwal, Binjhoa (against BliinjhiJ'i.

Konda Dora (against Konda Dhora").

3-

Saunti.

4-

OrAcr Change* :

'Baiga' has been included as main tiibc

CO'

instead of a sub-tribe of 'Gond'.

00 The spelling of 'Bondo Paraja' as shown in the Bill has been corrected as 'Bonua Paraja'.

'Tharua' has been included as main tiibe

(Hi)

instead of the synonym of'Munda'.

2

1

PART X—I ^tAJASTIIAN

1. Rawat-Bhil (against Bhil). 2. Rawat-Mina (against Mina).

Other CMnges:

Exclusion of 'Rajput Garasia' tribe from within the fold of 'Garasia' tribe, as shown In the Bill, has been removed.

PART XI—TAMIL NADU

1. Malakkaran (of North and South Arcot, Salem and Tiruchairapalli Districts)

1. Kammara. 2. Malayali Gounder (of North and South Arcot, Salem and Tiruchirapalli Districts).

3. Kaniyan Kanyan,

Other Changes:

(i) 'Malayali' shown as the synonym of 'Malayali Goun- der' in the Bill has been accepted as the synonym of 'Malakkaran'.

(ii) The name of the State has been changed to 'Tamil Nadu'.

PART XII—WEST BENGAL

1. Rong (against Lepcha). 2. Bodo (against Mech).

Other Changes:

Tho 'Parhaiya' has been included as main tribe instead of the synonym of 'Mai Pahariya'.

CHAPTER II

PART I—HIRO LCIIAL PRADESH

1. Both.

1. Beda (against Beta). 2. Chamang, Damang (with

Kanaura).

3. Kolta.

Other Changes:

(j) The 'Bodh' has been included as a main tribe instead of the synonym of 'Jad'

s

(ii) The spelling of 'Bangal' has been corrected to read a 'Banghal'.

PAST II—LACCADIVE, MINICOY AND AMINDIVI ISLANDS

Other Changes:

The spellings of 'Thakhru' tribe as shown in the Bill have

been corrected as 'Thakru'.

1

2

PART III—MANTPUR

1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13.

Aimol. Baite. Chogthu. Guite. Kuki. Puram. Lusei (against Mizo). Mikir. Sukate. Perum. Ralte. Sukte. Kachanago (against Zamei- Lieangmei).

PATR IV— FRIPURA

1.

2.

3.

K'alali, Karbong, Kaipeng, Dub, Thangchep, Sukuchep, Bengshel, Mussum, Muras- ing, Rankhal, Rupini, Lengui, Lengung. Chaimal. Kanda, Kheria, Kheriya.

CHAPTER V

UTTAR PHADESIT

1.

2.

Shauka, Mana, Nitiwal (against Bhotia). Bhil.

For the existing tribe 'Jaunsari (excluding Khasa Jaunsari, viz. Brahmin and Rajput), the following tribes have been substi- tuted:

3. Bajgi, Chanorm Beda, Turi,~

of Jaunsar-Bawar Pargana in Dehradun District, Rawain Pargana n Uttar Kashi District and Jaunpur Pargana in Tehri Garhwal District.

'

4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18.

Nai, Jhumaria, Auji, Darzi, Diyad, Dhake, Hurkiya. Barhai, Badi, Mistri, Ode. Chamar. 1 Chura Dhaliya. Dom, Doom. Jogi, Jogra, Nath. , Julaha, Varav. f Koli, Koi. Kolta. Kumhar. Luhar. Pari Ruriya. Sunar. Tamota.

Other Changes:

The spelling of Toleba' has been corrected as 'Tolchha'.

MINUTES OF DISSENT

I

I herewith flic my minutes of dissent to the report of the Joint Com- mittee as below: —

1. In respect of the Scheduled Castes the Committee made a provision to the effect, that a member of the Scheduled Caste who migrates to another State, will continue to be treated as a Scheduled Caste of the State to which he has migrated. The same principle has not been made applicable to the members of the Scheduled Tribes who migrate to an- other State. Such a member should be treated as a Scheduled Tribe of the State to which he has migrated, as in the case of Scheduled Caste.

2. Injustice has been done by the anomaly of classifying a community as a Scheduled Tribe in one pait of a State and classifying the same community as a Scheduled Caste m another part of the same State. There has been a glaring instances of this nature. In the case of Bihar for example 'Bhumrj'. These anomalies should be removed.

3. That I do nul find mysell in agreement with Joint Committee turn- ing down amendments legardmg the inclusion of 'Banjara' in the list of Scheduled Tribes and thus perpetuating the most serious and unjust position of hopelessly backward 'Eanjara' tribe being included in Schedule II of tribes in States like Andhra Pradesh, Bihar, Orissa, Madras and Mysore, while refusing to include the same tribe in the said Schedule in States and Union Territories like West Bengal, Gujarat, Madhya Pra- desh, Maharashtra and Himachal Pradesh.

(ii) This is patently impossible and most embrassingly discriminatory situation that the members of the same tribe who are agreed to possess adequate tribal characteristics in several States in which they are so included in the Second Schedule of Tribes, arc denied the same inclusion in several other States when ethenically, culturally and socially they are the sam?, suffering from same economic backwardness, possessing primi- tive traits distinctive cullure, geographic isolation and shyness of contact with community at large.

(iii) The above characteristics enabling 'Banjaras' to be included in Schedule of Tribes has been adequately brought out in an exhaustive brochure entitled 'Report of all India Banjara Study Team' (circulated to all members of the Committee). Th's has also been admitted by series of Commissions and Committees appointed by Government from time to time.

(a) The Report of the Backward Classes Commission (Kaka Kalelkar Commission),

(b) The Report of the Scheduled yWas and Scheduled Tribes Commission (Chairman—Shri U. N. Dhebar).

W) The Report of the Advisory Committee on Revision of the lists of Scheduled Castes and Scheduled Tribes.

(iv) On the grounds of tribal characteristics and because they do not suffer from stigma ul untouchability 'Banjaras' and their synonyms were removed from Scheduled Castes in States like Orissa and Mysore and added to Scheduled II of Tribes; while in States of Rajasthan (Gavaria), Himachal Pradebh (Sirkiband) and Kerala (Gavara) they have still been retained in Schedule ul Castes which is most unfortunate proof of failure to apply same criteria in all the State.

4. 'Bovi' Community has been included in Ihc Second Schedule to Mysore State, while the Committee refused to include the same tribe Bovi, (Diwar, Koli) of the Vidarbh area of Maharashtra State. They possess the tribal characteristics. They were in the second Schedule of 1950 order. They are loft out tribes and should be included in the Second Schedule.

5. The Committee recommended exclusion of 3 castes and 14 tribes from the existing Schedules to the Bill. The educational, economical and other developmental benefits enjoyed by these Castes and Tribes, recommended for exclusion should not be terminated suddenly but with- drawn gradually in a phased manner so as not to cause hardship to them.

G. There are some communities in the hVt of Vimukta Jati, Nomadic and other Backward Classes, which deserve special assistance and they should be treated on par with Scheduled Castes and Scheduled Tribes in matter of economic upliftment and should have a separate Commission.

7. In some States and Union Territories namely Haryana, Chandigarh, Delhi, Punjab, Pondicherry and Jammu & Kashmir, there is no Second Schedule of Tribes, Therefore it was not possible for the Committee to consider the amendments for inclusion of tribes in the Schedule.

8. I, therefore, piart on record my minute of dissent to the decisions of the Committee.

NEW DELHI;

The 17th November, 1969 DEORAO S. PATIL.

II

As an individual membc r of the Committee, I fuel it my duty to record my sincere and sharp disagreements with a number of decisions taken by the whole Committee. From the very beginning I have been feeling that the Bill has been drafted by the Government not with a view to rationalising the question of scheduling on the basis of any scientific studies or approach but only to play some politics at the cost of the un- fortunate and helpless people. This is not a general observation as such, because it can be fully established even by the happenings during the deliberations of this Committee. It is no use recounting such a story at this stage. I would merely mention a few specific points on which I

totally disagree with the Government viewpoint and the Committee's decisions.

2. iJven before the drafting of this Bill 1 took up the question of sche- duling the displaced persons fiom East Pakistan who have been settled outside West Bengal. After some persuasion the Government accepted the legitimacy o± their claim, but that was done only in principle as pro- vided in Section (3), chapter 1, of the First Schedule. Experience shows that such a general provision is of very little use in practice. To make it really meaningful and effective, 1 tabled a number o± amendments for specifically reiiectmg this provision in the separate lists for the different States and Union teriitoiies. The State Government officials are gene- rally guided by such separate lists without bothering much about the general provision. The Minister was not agreeable to my suggestion on the plea, firstly, that the Government is not aware of all the communities who have actually settled down in various States and Union Territories, and secondly, that there would be no administrative difficulty because any pors-jn concerned can always make an affidavit to establish his claim under the general provision. 1 feel none of these arguments are justified. Even the Lokur Committee, apart from other evidences, has specifically mentioned certain communities who constitute nearly 90 per cent of the displaced persons rehabilitated in certain States outside West Bengal. There is no reason why the Government could not make some clear provision for such a predominant section of the displaced persons for the sake of some doubt, even if we so concede, about the remaining 10 per cent of the persons concerned. The fact is that the Government is determined to avoid the entire question and deprive these unt'ortunate people oi their legitimate rights. The second point ignores even the elementary common experience that most of these illiterate people would never be able t" go in for the necessary affidavit with its attendant pro- cedures to establish their claims, particularly because of the unhelpful attitude of the concerned officials. I am of firm conviction that the general provision will have no meaning and effect to these double victims of social aggression and the partition unless it is concretised on the lines I have suggested.

3. My second point is about the unconstitutional exclusion of the Andamans and Nicobar Islands from the making of lists for Scheduled Castes, The general provision already accepted by the Government, and the Committee in regard to the scheduling of displaced persons from East Pakistan outside West Bengal is applicable to both the States and the Union Territories. It is an established fact that most of the displaced persons (about 30—90 per cent) settled in the Union Territory of Anda- mans and Nicobar Islands belong to certain Scheduled Castes recognized , i West Bengal and neighbouring States. These facts have been officially admitted in Parliament also. Since the Bill did not make any provision for a list of Scheduled Castes in this Union Territory, I gave an amend- ment for inserting a new part for this Territory, in relation to Scheduled Castes consisting not only of the displaced persons but also the sweepers and similar section of the society who are there for a long time. This amendment was ruled out of orders as being beyond the scope of Article 341 (2) of the Constitution. T am of the firm opinion that this plea was entirely wrong. It was pointed out by the Minister that the Chief Commissioner concerned had not recommended for such a schedule, and that since the President had not so far notified a

list of Scheduled Castes for the Andaman and Nicobar Islands, Parlia- ment could not make a new list. Under Article 341, there is no require- ment even for consultation with the Chief Commissioner of a Union Territory—only the Governor of a State is to be consulted in such matters. Since the Union territories are administered by the Union Government, the fault of not notifying timely a list of Scheduled Castes already settled in the Andaman and Nicobar Islands, Islands lie with the Union Government and that cannot be an excuse for incapacitating Parliament for rectifying a mistake. I, therefore, urge that the Par- liament should exert its authority over the Executive on such a vital issue.

4. Thirdly, the Government action of excluding the Namasudra com- munity from the Orissa State List of Scheduled Castes is also not justified on any ground. This community had not been included originally in the 1950 Order of the President. It was only on the specific recommen- dations of the Backward Classes Commission that Namasudras, were included as a Scheduled Caste in Orissa in the amending Act of 1956, and they are still there in the State List. Even while the team of Mem- bers of Parliament held discussions regarding revision of lists of Sche- duled Castes and Scheduled Tribes with the State Government of Orissa in March, 1966, the question of this community came up and it was agreed that an investigation would be made as to whether they suffer from un- touchability. We are not aware of any such investigation actually being made and its manner also. Moreover, in a note circulated by the Depart- ment of Social Welfare for our Committee, it is clearly recorded that there is an agreement between the Registrar-General and the Depart- ment to the effect that no major community|Caste]tribe can reasonably be said to have been omitted from the lists included in the Bill. This agreement has been clearly violated in the case of exclusion of Namasudras in Orissa who are shown as a major com- munity of Scheduled Castes there in the 1961 Census. It is really regrettable that the Committee did not take into considera- tion even the views of the State M.L.As. specifically expressed to the Study Group that visited Orissa in October, 1968. One of the important points urged by the M.L.As. and others present during the course of the discussion was that the tribes and the castes which were scheduled in the neighbouring States of Bihar, M.F., West Bengal and Andhra Pradesh should also be scheduled in Orissa. Namasudras are already scheduled in the neighbouring States either as original settlers or as rehabilitated displaced persons, and they are gmng to be so recognized even in Orissa by virtue of their being displaced persons from East Pak- istan. I, therefore, find no valid ground to exclude this community from the existing Orissa State List. I hope their legitimate position would be restored by Parliament in the final Act.

5, Finally, I will be failing in my duty if I do not mention the unhappj method and manner of including and excluding certain influential com- munities In the lists of Scheduled Castes and Tribes. Particular mention may be made of the 'Bhovi' and 'Banjara' Communities in Mysore. In the original Bill, the 'Bhovi' community was included as a Scheduled Caste (with area restrictions). In the face of strong opposition, and as they do not suffer from the stigma of untouchability, thev were taken out from the list of Scheduled Castes but included in the list of Scheduled Tribes, along with the Banjara' and a few other communities. It is

highly regrettable that the Committee at all did not consider whether these communities fulfil any of the prescribed criteria for inclusion in the list of Scheduled Tribes. The actual tribals in Mysore are known to be found only in hilly regions. Now some non-tribal communities from the plains are going to exploit the Scheduled Tribes. This is not a scientific or rational basis of doing things on such a vital issue.

6, Let the full Parliament take note of these facts for final decisions.

NEW DELHI;

P. R. THAKUR.

November 17, 1969.

Ill

We, the undersigned Members of the Joint Committee on the Schedul- ed Castes and Scheduled Tribes orders (Amendment) Bill, 1967 herewith file our minutes of dissent to the Report of The Joint Cummittee as below: —

1. That we do not find ourselves in agreement with Joint Committee turning down amendments bearing No. 413, 429, 455 to 460, 492 to 494, 529, 534, 539, 545, 552, 668, 734, 744 & 775 and thus perpetuating the most serious and unjust position of hopelessly backward tribe of 'Banjara' being included in Second Schedule of tribes in States like Andhra Pradesh, Bihar, Orissa, Madras and Mysore while refusing to include the same tribes in the said Schedule in States or Union Territories like Assam, Bengal, Chandigarh, Delhi, Goa, Gujarat, Haryana, Himachal Pradesh, Punjab, Pondicherry, Jammu & Kashmir, Kerala, Madhya Pradesh and Maharashtra.

2. This is patently impossible and most embarrassingly discriminatory situation that the Members of same tribe who are agreed to possess ade- quate tribal characteristics in several States in which are so included in Second Schedule of Tribes are denied the same inclusion in several other States when ethenically, culturally and sccially they arc the same, MifTering from same economic backwardness, possessing primitive traits, distinctive culture, geographic isolation and shyness of contact with com- munities at large.

3. The above characteristics enabling 'Banjaras' to be included in sche- dule of Tribes has been adequately brought out in an exhaustive brochure entitled "Report of all India Banjara Study Team" (circulated to all con- cerned State Governments. It is further strengthened by recommenda- tions of Members of Committee). This has also been admitted by series of Commissions and Committees appointed by Government from time to time vide (a) Backward Classes Commission (Kaka Kalelkar) (Vol. II) pp. 205 (Andhra) pp. 212 (Bihar) pp. 222 (Madras) pp. 238 (Orissa) pp. 244 (Saurashtra). (b) Scheduled Areas and Scheduled Tribes Com- mission (Chairman—Shri U. N, Dhebar's letter dated 4-10-1961 para 3) ch. 30, pp. 357. (c) Advisory Committee on Revision of the lists of Scheduled Castes and Scheduled Tribes (Lokur Committee) pp. 17 lines 29 to 34, pp, 91 and pp. 93 (Andhra) p. 97 (Gujarat) p. 107 (Mysore) p. 109 (Orissa) p. 113 (Himachal) (d) On grounds of tribal characteris- tics and because they do not suffer from stigma of untouchability 'Banjaras'

and their synonymous were removed from Schedule of Castes in States like Orissa and Mysore and added to Schedule II of Tribes; while in States of Rajasthan, Himachal Pradesh, Kerala and Tripura they have still been retained in Schedule of Castes which is most unfortunate proof of failure to apply same criteria in all the States.

4. We, therefore, while reiterating our complete agreement with amend- ments mentioned in para (i) above, place on record our minutes of dissent to the decision of this Committee to reject the above amendments or to declare some of them out of order thereby treating 'Banjara' tribe and their synonyms 'Left out Tribal' only in such States. Hence this.

NEW DELHI; B. RADHABAI AN AND A RAO

November 17, 1969. RAM CHARAN

EMONSING M. SANGMA G. Y. KRISHNAN K. SUBRAVELU SHEEL BHADRA YAJEE J. H. PATEL

While I endorse the feeling in favour of the inclusion of the 'Banjaras' in the States where they have been left out, I would have liked that the 'Bhuya', 'Bhuyan' now included in Scheduled Castes in Bihar should have been included in the Scheduled Tribes list in Bihar,

LOKANATH MISRA NEW DELHI;

November 17, 1969.

IV

It has been found necessary to record minutes of dissent to the Report of the Joint Committee, as we shall be failing in our duties towards the members of Scheduled Tribes if we did not do so and very purpose for which the Constitutional protection has been provided to them will be de- feated. We are particularly opposed to the dramatic inclusion of 'Bhovis' and 'Banjaras' in the list of Scheduled Tribes, for the following reasons:

(i) That the 'Bhovis' and 'Banjaras' are denotifled communities.

(ii) That the Denotifled and Nomadic Communities cannot be in-

cluded in the list of Scheduled Tribes.

(iii) That Backward Classes Commission (Kaka Kalelkar) unani- mously recommended that the Denotified tribes, should not be called tribes. They shall be simply called Denotified Communi- ties, vide (Report of the Backward Classes Commission, Chap- ter IV page 34 para 41 and page 36, para 48).

This has been further confirmed by the Lokur Committee in its re- port under the heading "Denotifled and Nomadic Tribes", pages 16-17, para-29 which reads:

"We suggest that the present anomalous position regarding the Denotified and Nomadic Tribes, who could more properly be identified as Communities rather than Tribes, should be rectified as soon as possible "

(iv) That the Lokur Committee In its report (Mysore page 57) have indicated reasons for rejection of the proposal of transfer of

these Communities i.e. (1) Bhovi (2) Ghantichore (3) Handi- jogi (4) Kepmari (5) Koracha (6) Korama (7) Sillekyatha and (8) Sudugadu Sidha to the list of Scheduled Tribes, where in it is said:

' " " * ** In Mysore, however, there was no evidence to show that these groups possessed tribal characteristics. It was therefore, decided not to transfer them to the list of Sche- duled Tribes. ".

(v) That Chairman of the Scheduled Areas and Scheduled Tribes Commission, Shri U. N. Dhebar recommended that their pro- blems are peculiar and do need special examination as they are not eligible to be included in the list of Scheduled Tribes (vide Chairman's letter addressed to the President of India, New Delhi dated 4-10-61, para 5).

(vi) That the shift of position of 'Banjaras' with regards to various States may be illuminating:

(a) Andhra Pradesh:

Prior to 1953, they were recorded as Denotified tribes in old Andhra Pradesh:

Even in the existing Order in some part of Andhra Pradesh namely, Hyderabad, Mahboobnagar, Adilabad, Nizamabad, Medak, Karimanagar Warangal, Khammam and Nalgonda Districts, they are in the list of Denotified Communities.

Strangely enough in the proposed Bill, 'Banjara', 'Lambada', 'Su- gali' have been accepted by the Committee as Scheduled Tribes throughout the State.

(b) Bihar:

In the existing Order, they are recorded in the list of Scheduled

Tribes.

Lokur Committee recommended for exclusion of this community on the ground that they are assimilated with the general population and their population is insignificant. (Vide Lokur Committee Report, page 49).

"The State Government of Bihar in their memo No. 228 dated 17-12-68 recommended for their deletion, as their population is only 42 and that they do not possess tribal characteristics.

(c) Madras:

At present, 'Lambadi' & 'Sugali' are in the list of Denotified Communities.

In the proposed Bill, they have been really included by the Com- mittee in the list of Scheduled Tribes.

(d) Mysore:

In the existing Order, the 'Banaras' and 'Lambani' were in the list of Scheduled Tribes only in the districts of Bangalore, Bellary, Chikmagalur, Chitradurga, Hassan, Kolar, Mandya and Mysore (except Kollegal Taluk), Shimoga and Tumkur.

In the proposed Bill, the area restriction has been removed and put in the list of Scheduled Tribes.

(e) Orissa:

In the existing Order 'Laban' are in the list of Scheduled Caste.

In this proposed Bill, they have been included in the list of Sche- duled Tribes.

Orissa Government have recommended for the exclusion of 'Laban' from the list of Scheduled Tribes- (Vide their Memo No. 241 dated 4th Dec. 1968).

(vii) That from the above facts it is clear that the Bhovis and Banjaras with their congeners have moved from a position of Denotifled Communities to Scheduled Castes and then to the list of Sche- duled Tribes. There are records to show that this has been achieved by careful manipulation and political sleight of hand although they did not satisfy the criteria for Scheduled Castes or Scheduled Tribes. In Mysore the population of 'Bhovi' and 'Banjara' is in the order of 9.5 lakhs and 6 lakhs respectively.

(viil) That the phenomenal shift of position of the 'Bhovis' of Mysore also is really remarkable.

They are found in other States also but nowhere they are in trie list of Scheduled Caste or Scheduled Tribes.

(a) Between 1917—1950 they were recorded as Depressed Classes for the purpose of educational and economic development.

(b) In 1950: They were wrongly recorded in the list of Scheduled Caste, even though they did not suffer from the stigma of un- touchability. It has been proved beyond doubt •^•~y do not suffer from the stigma of untouchability and ,e they were rightly deleted from the list of Scheduled Castes by the Joint Committee .

(c) That the Committee has wrongly accepted 'Bhovis¹ along with a number of Sub-Communities, to utter dismay, to be included In the list of Scheduled Tribes. Tt would be wrong to assume that if a particular Community does not fit in, in the list of Scheduled Caste, it must find a place in the list of Scheduled Caste, It must find a place in the list of Scheduled Tribes.

In order to be included in the list of Scheduled Tribes, it must satisfy the following criteria;

(i) Indication of primitive trait. (ii) Distinctive culture,

(iii) Geographical isolation. (iv) Shyness of contract with community at large.

(v) Backwardness.

2. None of the above requirements are met by the 'Bhovis', nor they have claimed at any stage in the various memoranda, they presented to the Committee that tbpy should be included in the list of Scheduled Tribes.

3. It was rather shocking that the 'Bhovis' have been included in the list of Scheduled Tribes, without having regard to the basic question as to whether they possess tribal Characteristics. Per contra, there are evid- ences to rebut their claim.

4. It may be relevant to point out that all the tribes included in the existing schedule are conspicuously inhabiting in the bills. The 'Bhovis' have been enjoying educational, economic and other benefits since 1917 i.e. for the last 52 years and naturally, therefore, they are very much advanced as compared to the backward and more backward communities in Mysore State who were deprived of the facilities, constitutional or otherwise all these years.

5. Inclusion of the 'Bhovis' in the list of Scheduled Tribes would b opening the flood gates of exploitations to the Scheduled Tribes, as it i likely to induce other backward communities to come forward to pres their claim for inclusion in the list of Scheduled Tribes. By including th< •Bhovis' and 'Banjaras' in the list of Scheduled Tribes, it would amount ti Indirectly introducing entirely a new criteria for the Scheduled Caste and Scheduled Tribes:

(i) Scheduled Castes=Tribal Characteristics plus untouchability. (ii) Scheduled Tribesr^Tribal Characteristics minus untouchability

6. This means that no member of Scheduled Castes would satisfy thi criteria for Scheduled Castes that any body who does not suffer from thi stigma of untouchability, will automatically be reduced to be a member 0: scheduled tribes.

7. Thus it is clear, beyond any reasonable doubt that this wrongfu inclusion of 'Bhovis' and Banjara will pose a serious threat to the plea o: development of the Scheduled Tribes as these two communities beinj sufficiently advanced, would not allow the genuine and deserving Schedul- ed Tribes to take any advantage whatsoever.

8. It is interesting to note that not only that the 'Bhovis' and 'Banjaras did not press their claim for inclusion in the list of Scheduled Tribes, no even an iota ofnevidence was produced before the committee from the be- ginning to tti^HH^and in spite of their not demanding themselves to be placed in the lisTof Scheduled Tribes, a sudden and an eleventh houi transfer of 'Bhovis' to the said list is unjustifiable, Improper, illegal amounting to the raping of the Constitutional provisions, in respect of the political rights to snatch away certain reserved seats in the State Legisla- ture and in the Parliament.

9. 'Bhovis' and 'Banjaras' are already in the list of Denotifled Com- munities in the integrated area of Mysore and they

10. It would be a fantastic decision if the *Bhovis' (Voddars) who per- sistently fought for being retained in the list of Scheduled Castes with the area restriction removed, by bringing about political pressure to bear and whn failed to establish their claim as members of Scheduled Caste, should suddenly find a place in the list of Scheduled Tribes.

11. Last but the most important factor in tribal welfare is that the tribes must be protected 'against the exploitation as enshrined in Article 46 of the Constitution, by the more advanced, more vooal, more educated enlightened and aggressive communities who will most certainly flout the efforts of the Government in the matters of land alienation. In almost all State Gov- ernments, where tribes predominantly inhabit, land legislations have been made to prevent the lands belonging to the tribals from being trans- ferred to the non-tribals. Even the Government have failed in ensuring complete protection to the tribes in the matter of land alienation and there are serious tribal unreats on account of this. Inclusion of an

advanced communities like 'Bhovis' and 'Banjaras' and ior that matter any advanced communities, therefore, will be a source of grave danger to the tribes who will be rendered landless. Tribes live with the lands and languish without them due to alarming illiteracy.

12. We, therefore, vehemently oppose the inclusion of Denotined and Nomadic Communities and for that matter any other advanced Commu- nities in the list of Scheduled Tribes. They cannot and should not, by any stretch of imagination be included in the list of Scheduled Tribes so long as the interest of the Scheduled tribes reigns supreme with the Govern- ment. We would like to demand and assert that the following Denotined and Nomadic Communities, be excluded from the list of Scheduled Tribes:

(a) Andhra Pradesh:

1. Banjara, Lambada, Sugali.

(b) Bihar: Banjara. (c) Madras: Lambadi, Sugali. (d) Mysore: (1) Bhovis (2) Ghantichore (3) Handijogi (4) Kepmari, (5) Koracha (6) Korama (7) Sillekyatha (8) Sudugadu Sidha (9) Banjara, Lambani.

(e) Orissa: Laban.

13. We, would not however, mind, if in the interest of these communi- ties, the Denotined and Nomadic Communities should properly be identi- fied as Communities, removed from the list of Scheduled Castes and Sche- duled Tribes and be treated exclusively as a distinctive community with reasonable development scheme/schemes, if the Government so desire, as recommended by the Lokur Committee.

NEW DELHI;

November 17, 1969 M. G. UIKEY. KARTIK ORAON. RAMCHANDRA ULAKA. NEKI RAM.

V

I consider it necessary to record my Minutes of Dissent in respect of some tribes who should have been included in the Schedule, but they have either been included in the list

1. 'Bhuinya* and 'Rawatiya' or 'Routiya' should be included in the list of Scheduled Tribes in Chotanagpur Division (in the district of Ranchi, Singhbhum, Hazaribagh, Dhanbad and Palamau) end in the district of Santhal Pargana.

2. 'Bhuinya' have been included in the list of Scheduled C^tes through- out the State, unlike the 'Bhunij', who have been Included in the list of Scheduled Tribes only in Chotanagpur Division and Santhal Pargana district.

3. 'Routiya or Rawatiya' are in every respect tribals as they meet ell the requirements of tribal characteristics, for instance In the matter of be- lief, rights and rituals, observance and ceremonies and mode of worship which are not different from other tribals living in the locality. This has unfortunately proved to be a harmful omission so far as this particular tribe is concerned.

NEW DELHI;

KARTTK ORAON.

November 17, 1969.

While I am in general agreement with the Report of the Joint Commit- tee I differ on some important and fundamental aspects of the Bill and I consider it my duty to express my views on them as follows:

It is important to note that since 1950, there are only two judicial decisions regarding the lists of Scheduled Castes and Scheduled Tribes. In the Civil Appeal No. 401 of 1964 (Vasavalingappa us. Munichinnappa and others) the Supreme Court observed: —

"It may be accepted that it is not open to make any modification in the order by producing evidence to show (for example) that though Caste A alone is mentioned in the Order, Caste B is also part of Caste A and therefore must be deemed to be included in Caste A. It may also be ac- cepted that whenever one caste has another name it has been mentioned In brackets after it in the Order: [See Arya (Mala), Dakkal (Dakkal War etc.)]. Therefore generally speaking it would not be open to any person to lead evidence to establish that Caste B (in the example quoted above) is part of Caste A notified in the Order." This view is reiterated in the subsequent decision in Bhaiyalal Vs. Hari Krishna Singh and others.

In the light of the above decisions and also on the plea of grouping the castes and tribes in a scientific manner a comprehensive compendium of all local synonyms, phonetic variations, sub-castes and sub-tribes for each caste and tribe have been taken out from old Census Reports and old standard books such as those by Thurston, Ibboston, Russel and Hiralal etc. and Included 72 new sub-castes and 141 new¹ sub-tribes In the Bill.

I consider this as undesirable and unnecessary. Some of the new names of the sub-castes and sub-tribes are so old that people had forgotten them and the younger generation had not even heard them. Our Society is already ridden with innumerable castes and tribes and stands disintegrated. By giving statutory recognition to many mote sub- castes and sub-tribes the Government will be unwilling further disintegrating the weakest section of the society. When there is great need to bring about social integration in the country it Is regrettable that the Government has taken this retrograde step. Therefore, I suggest that ell the sub-castes and sub-tribes newly added to the lists should be deleted except In very few castes where it is most essential to bring those that have suffered all these years on account of non-exclusion.

2. A new para 3A has been added in the first Schedule Chapter I, to provide for the deletion of five castes namely Paraiyen, Panchama, Dhed, Chandala and Charala on thp ground that they are derogatory expressions,

Firstly, they are not the only castes which are considered to be dero- gatory by others, but most of the names of the Scheduled Castes are treated with contempt. For instance the name 'Chamar' is also consider- ed to be derogatory. Therefore deleting a tew names will not servo any purpose. Secondly if the object of deleting these five castes is to raise the social status

It is also provided in the above para that though these five castes are deleted from the lists in various States, they will be considered as members of the Scheduled Castes to which they in lad belong. When thousands and millions of people have declared themselves as 'Paraiyans' etc. in the last census how can they be renamed at all and who can decide as to which Castes they in fact belong? This is the real difficulty one has to face in solving this problem.

It is important to note that some of the State Governments have re- commended that they should be continued in the lists. Therefore, I am of the opinion that para 3A on page 5 of the Bill should be deleted.

3. The criteria for inclusion in the lists of S.C. is not strictly followed in some cases. For instance in Bihar State on page 7, item 13 'Khelta' and item 20 Tanti, Tantwe in Maharashtra State on page 11 item 9, Bedar, in Mysore State page 13, item 40, Moger, Mugera, these Castes do not suffer from the stigma of untouchability and that they should be removed from the list

4. Most of the communities which put forth their claims for inclusion in the Schedules are either from the denotified and nomadic communities or from the other backward classes. Some are wrongly included in the Schedules as they do not satisfy the criteria prescribed for such inclusion.

Even though they are considered as Denotified and nomadic com- munities and other backward classes and certain schemes have been for- mulated for their development it has to be admitted that they are not getting adequate facilities for their educational and economic advancement either from the State governments or Central government.

Therefore it would be in the best interest of these communities if they are treated exclusively as a distinctive group with developmental schemes specially designed to meet their needs and requirement. Then only the rush for inclusion in the list of Scheduled Castts or Scheduled Tribes will cease.

5. In all the States and Union territories where the Scheduled Castes reside, there are lists of Scheduled Castes except in Andaman and Nlcobar Islands. Thousands of Scheduled Castes have gone through the main land and settled in the Island. Several thousands of displaced persons belonging to the Scheduled Castes in East Pakistan have settled there. The several constitutional safeguards provided for them In the

Constitution of India are not available for them, for the simple reason that the President oX India has not so far notified a list under Article 341. It has been decided by the Joint Select Committee that if a member of the Scheduled Caste of a State, migrates to another State or the Union territory, he will be considered as the Scheduled Caste in that State even though his caste is not mentioned in the Schedule of that State or Union Territory. This decision cannot be applied to those Scheduled Castes who have migrated to the Islands for the reason already mentioned.

In this connection, it will be relevant to refer to the recommenda- tions made by the Committee on Untouchability, Economic and Educa- tional development of the Scheduled Castes set up by the Government of India regarding the Scheduled Caste residing in the Island. After visiting the island and having made a thorough study of the problem of these people this is what the Committee has said on page 378 of the report:—

"The total population of the Islands is 64,548 according to 1961 census. No Castes are declared as Scheduled Castes there. There are about 200 scavengers in Port Blair. Out of 2,800 families of refugees from East Pakistan, who have settled in the islands, 2,300 families were declared as Scheduled Castes in East Pakistan. All the scavengers are from the main land mostly from Andhra Pradesh, Tamil Nadu, Bihar and U.P. They belong to those castes which were declared as Scheduled Castes in their respective states.

The refugees from East Pakistan who were considered as S.C. in East Pakistan, and settlers from the main land who were considered as S.C. before they went there, represented to the Committee that they should be declared as S.C. in the Islands as they stand to lose the concessions and privileges they were entitled to, as their castes are not Scheduled. It has come to the notice of the Committee that some of the educated persons among them are unemployed and find it difficult to pay the extra boarding charges for their children living in Hospitals where the boarding charges are higher than the scholarship they get. They have also represented that they have lost their political privileges merely on the ground that they have crossed the sea and settled in the Islands.

The Committee has carefully gone into the question and it recom- mends that those refugees from East Pakistan who are con- sidered to be Scheduled Castes and those who migrated from the main land and who are declared to be S.C. must be con- sidered as S.C. in the Andaman and Nicobar islands."

Under the above considerations, I suggest that the Government of India should take immediate action to have a list of Scheduled Castes In the Islands under Article 341 of the Constitution.

NEW DELHI;

S. M. SIDDAYYA.

November 17, 1969.

VII

The 'Bhovi or Vodder' Community in Mysore State has been considered as one of the most downtrodden and neglected communities since long and hence listed under the DEPRESSED CLASSES from 1917 onwards and subsequently with the promulgation of the Constitution, it was listed in the SCHEDULED CASTES. The Scheduled Lists have been subjected for examination and Revision six times during 1917, 1919, 1931, 1935, 1950, and 1956. On all these occasions, there was no move nor agitation to remove or delete this Community from the Scheduled Castes. It is only after 1960 that the Move to delete this Community from the List of Scheduled Castes has been mooted by a few politically interested persons belonging to the Major Communities such as 'Adi Karnataka' and 'Adi Dravida'. To avoid the political competition by this Minority Community, who have just opened their eyes out of the suppression, not being aware of the Constitutional guarantees, the major Community people started the agitation that the 'Bhovi' Commurilty people do not suffer from the stigma of untouchability and hence should be deleted from the List.

2. The Bhovi Community has been subjected to the several social handicaps by their segregated living at the outskirts of the village or tcwn and their occupations including that of the most defiling and degrading occupation of sweeping and scavenging. Their customs are outmoded and ludicrous. Even now the lady folk do not wear their upper vests and wear peculiar metal pieces of jwellery. Neither they have easy acce&s nor have social customs akin to that of the Higher ups. They are the hardest working labour classes doing the work of stone cutting and earth digging etc. They move from rock to rock and from place to place in search of means of living. They hunt the field rats for their food. At certain places they are treated as Ex-criminal Tribes, which has been forced on them by their utter poverty. No Brahmin, Barber nor washer- man serve them during their marriages. They are addicted to drinks and offer drinks and sacrifice animals to gods not with a sword or knife but by piercing with a spear or crow bar. They worship not in altars but in huts of bamboo—the goddesses Yallamma, Ankamma etc.

3. While going through the evidence before the Joint Committee, one can easily assess that it is only those people who belong to the Majority Communities such as 'Adi Karnataka' and 'Adi Dravida' who have been telling that this 'Bhovi¹ Community people are not suffering from the stigma of untouchability and hence should be deleted from the Scheduled Castes' List. Every third person who is not related to these two con- troversial groups has expressed that this community did suffer from all the handicaps of social disability and are still suffering from the stigma of untouchability due to the fact that they are doing the most defiling and degrading occupation of sweeping and scavenging.

4. In Vishakpatnam Manual 1869 (pages 199-200) by Mr. E. Thirston it is stated that the Caste Vodda-Tsakala wash the clothes of both Malas and Madigas also. Mr. Edgar Thurston in his book "Castes and Tribes of Southern India" Vol. V (1909 Edition) pages 422—436 says about Oddes or Wooders: —

5. In Census Report 1871, the Oddes are described as being the tank diggers, Well seekers and road makers of the country who live in detached settlements, building their huts in conical or beehive form with only a

iuw door of entrance. "In Mysore Members of oddes are now promi- nently settled in the outskirts of large towns where both sexes find employment as sweepers etc. in connection with sanitation and conser- vancy."

6. The Kaka Kalekar Committee as well as the Lokur Committee Re- ports after due consideration and verification have also retained the 'Bhovi' Community in the List of Scheduled Castes. The Latest Report by an Expert Sociologists of the Delhi University Shri K. N, Srinivasan about this community has also' established the utmost backwardness in social, economical and political spheres. To quote linces—

"In brief, Bhovis are far worsen off than Harijans" (Harijans are Adi Dravida and Adi Karnataka).

"It would not be an exageration to say that they (Bhovis) constitute the 'Have not' Sections among the Scheduled Castes."

"My considered conclusion would be that, by and large (i) the Economic, educational and political conditions of Bhovis are decidedly inferior to that of the 'Adi Karnataka', 'Adi Dravidas' etc. (ii) Large members of 'Bhovis' are engaged in scavenging in Municipal Towns all over Mysore State and these people suffer from all the traditional disabilities of un- touchability. (iii) The Scavenging 'Bhovis' have commercial and marital relations with other sections of 'Bhovis' which means that Bhovis will have to be treated as a whole".

7. The Documentary Evidence produced before the Joint Committee on 9th July, 1968 by the representatives of the 'Bhovi' Community are the certificates issued by the Local Boards of the several places throughout the State, have also proved the social and economical backwardness.

The retention of the 'Bhovi' Community in the list of Scheduled Castes in the Bill has been a decision of the Cabinet of the Central Government after due consideration.

I am also to point out that No evidence has been produced to the Joint Select Committee rebutting any of the above evidences.

8. In spite of all these, I am pained to say that the Committee took a majority decision to delete this Community from the List of Scheduled Castes. This decision I most humbly submit is not based on facts and evidences.

9. The Committee, however, having considered the pitiable conditions and the utter backwardness of this Community deemed it just and unanimously decided to include it in the List of Scheduled Tribes. This decision is supported by the fact that the characteristics of Tribes are very much present among the Voddars (Bhovis). Firstly they had their origin In Orissa called as 'Odd' and gradually migrated to South having sporadic movements in search for living. (Their main occupation being stone and earth work).

Secondly, the practice same old customs of having a Nayak or a leader, called as "Yajamamudu" and are having many clans, living in segregation, with their typical and ludicrous customs. These and many similar features have been elaborated by Mr. Edgar Thurston in his Books on the subject "Castes and Tribes in Southern India".

10. Hence the Committee has however deemed it fit to place the Com- munity among the Tribes even though it resembles greatly and vastly the features attributed to Scheduled Castes. This will enable continua- tion of protection and facilities provided under the Constitution for such miserable communities. This is, therefore, a welcome relief to the Com- munity at a time when there was fear of total discarding of social, economic and political securities which it otherwise richly deserves.

We hope that the Government will come to the resque of the Minorities in reconsidering this issue and thus save this Bhovi (Voddar) Community from the onslaught by the Self Interested Majorities.

NEW DELHI;

November 17, 1969.

G. Y. KRISHNAN RAM CHARAN B. RADHBAI ANANDA RAO.

VIII

I like to give note of dissent against the inclusion of 'Dushad' and 'Dom' communities in the list of Scheduled Castes in the State of Assam.

2. Fact remains that the State Government, the State Scheduled Caste M.L.As. and M.Ps., the Advisory bodies for Scheduled Castes in Assam State, none represented for inclusion of these two cases in the State list.

3. I am opposed for the inclusion of 'Dushad' and 'Dom' communities in the list of Scheduled Castes in the State of Assam.

NEW DELHI;

November 17, 1969.

N. R. LASKAR

DC

The Committee had invited suggestions for inclusion or exclusion of the Castes or Tribes from the Schedule. 262 memoranda and represen- tations were received urging the Committee mostly for inclusion of the Castes and Tribes in relevant Schedule. Apart from the memoranda and representations, many deputations met the different Study teams, con- stituted by the Committee for studying the position of different Castes and Tribes by visiting different States, and urged the Committee for inclusion of different Castes and Tribes in the Schedule. However, it was not possible to include all these castes or tribes in the Schedule as they did not satisfy the criteria for inclusion in the Schedule. The criteria for inclusion of the Caste is that the community should suffer from the stigma of untouchability and their present social, economic and educa- tional conditions should be due to the traditional practice of untouch- ability. In case of the Tribes, the tribe should possess the tribal charac- teristics such as primitive traits, distinctive culture, geographical isolation and shyness of contact with the community at large and backwardness. In view of these criteria, many communities could not be included in either of the Schedules. But the fact remains that these castes and

tribes are socially, economically and educationally most backward and if, for some reason or other, they are not included in the lists of castes or tribes, they will suffer great hardship and it will result in great injustice. There is great social inequality which should be removed as early as possible. Mere economic equality is not enough, If we have to establish a social order based on the principles of equality and justice, then the social equality is of paramount importance. Therefore, it is very essen- tial to make provision for social and educational advancement of those communities which are still backward but cannot be included in the list of the castes or tribes.

2. The clamour for inclusion in the Schedules of Castes and Tribes is mainly due to three reasons. Firstly, if they are included in the Schedule, they are entitled to educational facilities. Secondly, they will get repre- sentation in the Government services. Thirdly, due to the provision of the reserved seats in Lok Sabha and State Assemblies, they will be able to elect their representatives to Lok Sabha and Assemblies and these representatives can ventilate their grievances in the legislature. Without reserved seats, it is not possible for them to elect their representatives. Therefore, if it is not possible to include these backward communities in either of the Schedules, it is essential to constitute the third list of the 'Other Backward Classes' and all these backward communities should be included in the third list. It is the responsibility of the Government to render every possible help and assistance to these backward communi- ties so that they can make progress and achieve social, economic and educational equality. These backward communities should be given the similar educational facilities and which are available to the Scheduled Castes and Tribes and there should be reservation for these backward classes in Government services in proportion to their population.

The third reason for ardent desire for inclusion in the Schedule is the Constitutional provision of the reserved seats in Lok Sabha and As- semblies. There is nothing unnatural if the Backward communities, which are substantially large in population, have political aspirations and ambi- tions. But at present casteism and communalism are rampant. It has been experienced that the elections are fought on the basis of the caste and community. In such communal atmosphere, it is not possible for the persons belonging to these communities to get elected until and unless the seats are reserved for, them. Thisi is possible if these communities are included in the Schedule. It is essential to create such atmosphere which is conducive to fulfilment of their political aspirations and ambi- tions. I do not know whether it will be possible, as in the case of the Scheduled Castes and Tribes, to make provision of the reserved seats for the other backward classes in Lok Sabha and Assemblies. However, the political aspirations can be fulfilled by adopting the new electoral system and for this purpose I feel that it is necessary to change the pre- sent electoral system. If we introduce the proportional representation system (single transferable vote system or any other such system) we can enable the backward communities which are numerically in mino- rity to elect their own representatives without amending the Constitu- tion.

3. Even though the Committee has formulated the policy and decided the criteria for inclusion of different castes and tribes, I am sorry to men- tion that this policy has not been followed uniformly in all the States. Consequently, it has created anomalous position as the community is included in the Schedule in one State but it is excluded in other State

even though the social and economic conditions of the community are similar. Cases of Namasudra, Mahar and Dhiwar in Vidarbha region, which are excluded from the Schedules of Orissa, Delhi and Maharashtra respectively, can be cited as examples. In case of Banjara community it is included in the Schedule of some states while as it is excluded from the Schedule in many States.

4. This anomalous position should be removed and the communities having same social and educational conditions should be included in the Schedule of those States where their conditions are similar. Uniform policy should be adopted in this respect. Otherwise it will result in Rreat injustice as the community which is included in Schedule in one State is excluded from the Schedu.e of other States in spite of the fact mat the social conditions of such communities are similar.

5. In case of the Scheduled Castes the Committee have accepted the principle that if any person belonging to the Ceste included in Schedule, migrates from one State to another and settles down there, he will be considered as a Scheduled Caste in the State where he resides. This principle has not been accepted in the case of the Scheduled Tribes. I strongly feel that this principle should be accepted in case of the Sche- duled Tribes also. Now-a-days even the ordinary labourers are moving irom one State to another in large number for finding jobs and earning their livelihood. Just because they have gone to other state, it does not mean that there is overnight change in their social and economical con- ditions. They still continue to have the same sociel conditions. They should be, therefore, considered as the Scheduled Tribes in other States also where they reside, as otherwise, it will affect their progress and they will suffer great hardship for the reason that they will be deprived of all educational and other facilities. Formerly, the tribes were recognised in some areas of the State and if any person left that area and settled down in some other town in the same State he was not recognised as the Sche- duled Tribe. There was incessant demand for removal of this area res- triction. Scheduled Tribes demanded that all pirunns belonging to tribe in the State should be recognised as the tribe throughout the whole state irrespective of the place of residence. Recognition of the persons as Sche- duled Tribes in other States where they are residing is further extension of the same principle of 'removal of area restriction'. Therefore every person migrating to other State and residing there should ^e considered as the Scheduled Tribe person.

Scheduled Tribes Labourers in Tea Gardens of Assam

6. The Committee have accepted with overwhelming vote that thp Scheduled Tribes who have migrated from Madhya Pradesh, Bihar and Orissa and settled down in Assam should be recognised as the Scheduled Tribes. It is mentioned in the report that the Minister of Social Welfare is opposed to this policy and he may perhaps move an amendment for excluding these tribes from the Schedule. I think, it was not necessary to make such, observation in the report. As I have already stated, there is no¹ change in the social conditions of the persons who migrate in large num- ber from one State to another and settle down in the same place. The labourers had gone to Assam in large number some years back. They have carried along with them and retain the tribal characteristics and their way of life is the same. These tribes were recognised as Scheduled Tribes even In Assam before 1947. But after 1947 these tribes were

Oescheduled, not because of any principle, but purely on the political grounds. The Lokur Committee in their Report have observed that the Government of Assam has consistently opposed any change in their status on the ground that it would seriously disturb the local political picture." It means that the Government want to perpetuate the ignorance, backwardness, poverty of the tribal people only because that will disturb the political pattern in the State. This objection is not valid and is against the principles of social justice and social equality. I will urge the Government to respect the views and sentiments of thu overwhelming majority of the Committee which decided in favour of including these communities in the Schedule and not to make any change when the Bill will be considered by the Parliament. In case, the Government is bent upon descheduling these tribes, then the Govern- ment of Assam as well as the Government of India should shoulder the responsibility of providing for these tribes the same educational facili- ties and the reservation in services which are available to the scheduled castes and tribes and the Honourable Minister should give such assu- rance on the floor of the House. Otherwise the Government will be doing great harm and injustice to these communities.

Schedule of Castes in Andaman and Nicobar Islands

7. At present there is no Schedule of the Castes in the Union territory of Andamans. It is noticed that there are some communities In Anda- mans who suffer from untouchability. There are separate colonies for the untouchables. Therefore, it is essential to have a Schedule of Castes in Andaman Islands.

I will now refer to some of the Castes and Tribes which ere not includ- ed in the Schedule but which should have been included in the Schedule.

Mahar Caste in Delhi, Union Territory

8. Mahars originally belong to Maharashtra. They have migrated to Delhi and have settled down there since last twenty years. Their popu- lation in Delhi is about 20,000. In Maharashtra, they are included in the Schedule of Castes. Many persona belonging to Mahar caste migrated to West Bengal and have settled down in Ktoaragpur. Mahar caste has been accordingly included in the Schedule in West Bengal. Similarly, Mahar Caste is included in the Schedule of M.P. as well as in distant States of Rajasthan, Gujarat and Mysore. Mahars in Delhi are mostly labo- urer? and their social and economical conditions are far from satisfactory. Therefore, Mahar Caste should be included in Schedule in Delhi Union Territory.

Namsudra Caste in Orissa

9. Namsudra caste is recognised as a Scheduled Caste in West Ben- gal. They have migrated to Assam, Bihar and Orissa. They are recog- nised as the Scheduled Castes in Assam and Bihar. But they are not re- cognised as such in Orissa. It may be mentioned that Namsudra com- munity was included in the existing schedule even in Orissa, But now, this caste hes been removed from the Schedule. In view of the fact that Namsudra caste was already included in the Schedule of Orissa and as it is recognised as Scheduled Caste in Assam and Bihar States, I feel that Nsrnsudra caste should be included in the Schedule of Orissa.

Pasi Caste in Andhra

10. Lokur Committee have recommended for inclusion of this caste in the Schedule of Andhra Pradesh, as they suffer from untouchataility. Pasi caste is included in the Schedules of the States of Bihar, Gujarat, Haryana, M. P., Maharashtra, Orissa, Punjab, Rajasthan, TJ.P. and West Bengal. As they suffer from untouchability and as they have been includ- ed in the schedules of so many States, Pasi caste should be included in the Schedule of Andhra.

Otari Tribe in Maharashtra.

11. Otari tribe has sprung from the Gond stock. Gond is recognised as a tribe. But Otari which is the part of the Gond tribe is not recognised as a tribe. It has been specifically mentioned in the Dhebar Commission's Report that "Wojaris or Otaris a caste of brass founders living in the Gond villages have sprung from the Gond stock with an admixture oi other tribes." As Otari is recognised as a tribe even by the Dhebar Commission, it should be included in the Schedule of Tribes of Maha- rashtra.

Dhiwar in Vidarbha Region of Maharashtra

12. In Vidarbha region of Maharashtra State Dhiwars are living in forest and the areas adjoining forests. They possess the tribal charac- teristics. But Dhiwar tribe has been excluded from the Schedule pre- sumably on the ground that they are like fishermen living in coastal areas. There is vast difference in the social conditions of Dhiwars in Vidarbha and 'Koli' community living in the coastal areas of Maharash- tra. Even in Andhra, Agnikul Kshatirya community which is fisherman community has been included in the Schedule. In Madhya Pradesh the Koli Tribe hes been included in the Schedule. In Hariyana Koli com- munity is included in the Schedule of Castes. In view of the fact that Dhiwars are living in forest areas and as they are recognised as a tribe in M. P. and Andhra, which are the adjoining States of Maharashtra, Dhi- war should be recognised as a tribe in Vidarbha region of Maharashtra.

Banjara Tribe in Maharashtra, Madhya Pradesh and Rajasthan

13. Banjara is the most backward tribe. This tribe has been includ- ed in the Schedules of the States of Andhra Pradesh, Bihar, Orissa, Madras and Mysore. But in other States they neve been excluded from the Schedule. Their culture is the same and their social conditions are similar in all these States. They are economically backward, pos- sess primitive traits and tribel characteristics such as distinctive cul- ture, geographic isolation and shyness of contact with communities at large. They are in large number in Maharashtra, M. P. and Rajasttoan. If this tribe is excluded from the Schedule of these three States, it will result in great injustice, and hardship and it will retard their progress. I strongly feel that Benjara tribe should be included in the Schedules of Maharashtra, M. P. and Rajasthan. Banajara should be recognised as a Scheduled Tribe in other States also where they are in substantial num- ber.

Dharkar Caste in Bihar

14. Dharkar caste is similar to 'Dom' caste which is included in the Schedule of Bihar. They suffer from untouchability and their social and economic conditions are similar to that of 'Dom'. In U.P. as well as in M. P. Dharkar caste is included in the list of the Scheduled Castes along

with the 'Dom' caste. Bihar is the adjoining State and there is no diffe- rence in 'Dharkar caste of U. P. and M. P. and Dharker caste of Bihar Therefore, Dharkar should be included in the Schedule of Bihar.

Madgi and Dohor Caste in Madhya Pradesh

15. Both 'Madgi' and 'Dohor' suffer untouchability. Madgis are doing the leather work and they are similar to Chamars. Therefore, these two communities should be included in the Schedule of Castes in M, P.

Ghogia, Ghodgaili, Sauntia m Orissa

16. Ghogia, Ghodga.li and Sauntia suffer from untouchability. These castes were included in the existing list of the Scheduled Castes. But now these castes have been removed from the Schedule. As they suffer from untouchability end as they were included in the existing Schedule, these castes should be included in the Schedule of Castes in Orissa.

NEW DELHI;

B. D. KHOBARAGADE.

November 17, 1969.

X

1. 1 have gone through the contents of the Report by the Joint Com- mittee on the Scheduled Castes and Scheduled Tribes Orders (Amend- ment) Bill, 1967. In this connection I would like to draw a kind special attention from the Hon'ble Members of both the Houses of Parliament and the Union Government of India referring more particularly to page 29 of the Report which relates to the second schedule, Chapter I, pars- graph 2A of paragraph 2 which runs as follows: "2A. Notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall be deemed to be a member of any scheduled tribe." A similar amendment was brought to the meeting of this Joint Committee on 5th November, 1969 and that was rejected on that day. The above-quoted amendment was only a modification in wording to the previous one which was al- ready rejected. But, this modified amendment when moved on 6th Nov- ember, 1969 in the Joint Committee meeting, was entertained again :n- spite of strong protest for bringing in the similar amendment of which the idea and purpose were same, and was already rejected. I think, be- fore I explain the reasons of my dissenting note to the above-stated para- graph 2A, for clear information about the matter, I better quote the contents of the Amendment motion which was moved and was already rejected on 5th November, 1969 in the same Joint Committee meeting. This Amendment Motion of 5th November, 1969 runs as follows:

"2A. Notwithstanding anything contained in paragraph 2, no person who professes the Christian or the Islam religion, shall be deemed to be a member of a Scheduled Tribe."

2. The Hon'ble members of Parliament will now find it easy to under- stand about the idea and the purpose why the said modified amendment was brought in again and got it passed or accepted in the said Joint Committee meeting. The idea and the purpose are glaringly clear that

all the Christian tribes overwhelming majority of which in the country is still backward socially, educationally and economically as their fellow non-christian tribals, should be abruptly deprived of all amenities pri- vileges and facilities which a scheduled tribe should got after India achieved Independence.

3. It is not a tact that all Christian tribals have become advanced, civilised and rich, because they embraced Christianity giving up their tribal religion. For instance, if one goes round to the Hill districts of Assam, say, to the district of Garo Hills, one will be rather surprised to see with one's own eyes that the Christian tribals are still very very backward socially, economically and educationally. Whatever, little en- lightenment these people have received during these fifteen or sixteen years is only because of the special care and attention given by the Union Government of India and the State Government putting them in the list of Scheduled Tribes, but not because they became Christians.

4. It is alleged that the Christian tribals are exploiting their fellow non-christian tribals capturing high ranking jobs in Government services, winning in various elections and becoming much better off in economic condition. If one, on the spot, studies carefully and learns the actual iact correctly, one will be glad to know that this sort of allegation against the Christian tribals is a very unfair and not correct. For instance, amongst the Khasis and the Jaintias, there are high ranking officers, rich people and also elected public leaders who are not Christians, Thereby one can easily realise that holding of high posts in the Government service, or, receiving high academic qualification, or becoming a rich businessman or a wealthy person or an elected public leader, whether for a Christian tribal or a non-christian tribal, solely depends upon one's own efforts and struggle.

5. It is also alleged that because the foreign Christian Missions have poured money amongst those tribals who became Christians, these Chris- tian tribals became more advanced and more educated than non-christian tribals. In this regard it can be said boldly about my own tribal com- munity, the Garos, that the foreign Christian Missions did not do so to my Garo tribal Christians. Whatever little education or enlightenment a Garo Christian tribal has received is mainly, because of the help which is being liberally given by the Government of India and the State Gov- ernment

6 But it is not a fact that religion is the criterion to determine " community for inclusion or exclusion in or from the list of Scheduled

Tribes. The criteria ior determining a community for such inclusion or exclusion are mainly the indications of (1) Primitive traits, (2) distinc- tive culture, (3) Geographical isolation, (4) shyness of contact with the community at large, and (5) backwardness. Amongst the people of scheduled tribes whether they are Christians or non-christians, all the indications of the above stated criteria are still abundantly existing except in their religious worship. That is, all others like, customs, cul- ture, traditional usages, language, geographical isolation, backwardness and shyness of contact with other communities still remain the same in both the Christian and non-christian tribals of one tribal community.

7. Therefore, it will be very much unfair and not doing justice if a Christian tribal is to be excluded from the list of Scheduled Tribes where- as a fellow non-christian tribal of the same tribal community still re- mains included in the list. Moreover, if such exclusion is given, effect to, it will amount to the creation of disintegration even amongst the people of one tribal community. Furthermore, there is every likelihood to have the feeling of frustration amongst the people of Christian tribals thinking deeply and seriously about their future and the future of their generations if they are actually to be excluded from the list of Schedul- ed Tribes only on the ground that they embraced Christianity as their religion. If the feeling of such frustration grows intensified only the future knows what will happen to them.

8. Under all the circumstances and the facts I have stated above. I cannot agree to accept paragraph 2A of the Second Schedule Chapter. I of the Amendment in the Keport of the Joint Committee on the Sche- duled Castes and Scheduled Tribes Orders (Amendment) Bill, 1967. I do hope that the Hon'ble Members of both the Houses of Parliament and the Government of India will agree to my points, and thus, will delete the said paragraph 2A from the Bill in the best interest, of all the scheduled tribes whether Christians or non-christians in particular and the country as a whole in general,

(II) 9. At pages 30 and 31 of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Bill, 1967 as reported by the Joint Com- mittee, there are anomalies in the list of Part II; I. In the Autonomous Districts of Assam:

(1) At page 30 of this Part II in Serial Number 1 the word "Kachari" should be deleted, because there is no tribal com- munity called as "Chakmakachari" in any of the Autonomous districts of Assam; there is only a tribal community which is called "Chakma".

(2) At page 30 of this Part II Serial No. 3 "Gond" should be deleted because there is no Gond Community in the Hill districts of Assam.

(3) At page 31 of the same Part II—

SI. No. 8 Kamar SI. No. 9 Kharia SI. No. 12 Khond SI. No. 19 Munda

SI. No. 21 Oraon SI. No. 22 Pahari SI. No. 24 Pan SI. No. 29 Santal

should also be deleted. Because there is no such community or commu- nities in the Autonomous districts of Assam which are under the admin- istration of respective District Councils and the Regional Council.

10. I think these entries came in the List of Scheduled Tribes, Part II.-—Assam in the Autonomous Districts either out of confusion or by- mistake while recording the proceedings of the meeting of the said Joint Committee. If these above-stated names of Communities against the above indicated serial numbers are still retained in the said list it will serve no purpose, rather, it will create confusion.

11. I, therefore, request the Hon'ble members of both the Houses of Parliament and the Union Government kindly to accept my above sug- gestions and delete all those which have been indicated above under my dissenting Note No. II (1), (2), and (3).

Further I suggest that the serial numbers be accordingly renumbered as follows: —

PART II—ASSAM

1. In Autonomous Districts—

1. Chakma 2. Garo 3. Hajong 4. Hmar 5. Jaintia, Pnar 6. Kachari, Bro, Dimasa 7. Khasi 8. Koch (of Garo Hills) 9. Kuki; Biate or Biete, Changsan, Chongloi, Doungel, Gamalhon Ganghte. Guite, Hanneng, Haokip or Haupit, Haolai, Hengna, Hangsung, Hrangkhwal or Ranghol, Jongbe, Khawchieng, Khawathlang or Khothalong, Khelona, Kholhou, Kipgen, Lenghang, Lhangum, Lhoujina, Lhouven, Lupheng, Mangjil, Misao, Sairhem, Selnam, Singson, Silthon, Sukte, Thado, Thangugen, Uibub, Vaiphei,

10. Lakher, Mara 11. Man 12. Mech 13. Mizo, Lusei 14. Mikir, Arlong 15. Nagar 16. Paite 17. Pawl 18. Rabha 19. Rava 20. Riang 21. Synteng

NEW DELHI;

November 17, 1969. EMONSING M. TANGMA.

(English translation of XI)

1. People belonging to such Scheduled Tribes as have migrated from fither States to tea plantations of Assam or who are working there for the last three generations have not so far been included in the list of Assam. Even after a lapse of 70 to 80 years after their migration these labourers are sticking to their old racial characteristics, they live in groups secluded from masses and feel shy in mixing up with other peoples. They could not be included in the list on political grounds only. The decision of the Joint Committee include them in the Tribal List of Assam State on the basis of facts ignoring the party-politics is welcomed. The efforts of the Central Minister to get this decision changed should be considered unfair as they are based on political grounds.

2. Even after the decision of the Joint Committee to the effect that a person belonging to a tribe who accepts Islam or Christianity as his religion should not be recognised as a member of a Scheduled Tribe, there are still names of certain tribes and sub-castes in the lists whose all Members follow Islam or Christianity. These names should be remov- ed from the list.

3. The Joint Committee have done injustice with 50 lakhs of personi in the country by not including persons of 'Banjara' caste in the list of Tribes. The State of Rajasthan is the original place of Banjaras. It has been a nomadic race and that is why they have now started settling in the various parts of the country gradually. The Joint Committee have also included them in the lists of tribes of the States of Orissa, Mysore, Bihar and Andhra Pradesh. It is a fact that the Chief Minister of Maha- rashtra is a Banjara. Similarly one or two persons have been elected to Ibe Parliament, Legislative Council or Panchyat Samiti from Maha- rashtra. Some of them who had migrated from Rajasthan have received education and are living a better life. It should be welcomed. But it would not be fair to do injustice with the remaining lakhs of people on account of a few hundred persons as an exception. Even now 'Banjaras' are isolated from the masses. Their ignorance, worship of deites, Cus- toms, dresses etc. are still the same. In Rajasthan out of a population of 3 lakhs, about one lakh of persons are still nomadic. Some of them have started settling but isolation from the Society has not been given up. Therefore, it was necessary that Banjara caste was included in the List of Tribes so that they could get an apportunity to rise and give up their nomadic habits.

SUNDER SINGH BHANDARI, HUKAM CHAND KACHWAI, TRILOKSHAH LAL PRIENDRA SHAH.

November 17, 1960.

BUI No. n9-B of i967

THE SCHEDULED CASTES AND SCHEDULED TRIBES ORDERS (AMENDMENT) BILL, 196?

( As REPORTED BY THE JOINT CoMMJTTKE)

(Words side-lined or underlined indicate the amendments suggested

by the Committee; asterisks indicate omissions.)

A

BILL

to provide for the inclusion in, and the exclusion from, the lists of Sche-

duled Castes and Scheduled Tribes, of certain castes and tribes, for

the readjustment of representation, and re-delimitation of parliamen-

tary and assembly constituencies in so far as such readjustment and

re-delimitation are necessitated by such inclusion or exclusion and for

matters connected therewith.

BE it enacted by Parliament in the Twentieth Year of the Republic of

India as follows: —

1. (1) This Act may be called the Scheduled Castes and Scheduled

Tribes Orders (Amendment) Act, 1969.

(2) It shall come into force on such date as the Central Government

Short title and com- mence- ment.

may, by notification in the Official Gazette, appoint.

2. In this Act, unless the context otherwise requires,—

Defini- tions.

(a) "census authority" means the Registrar General and ex officio

Census Commissioner for India;

(b) "Commission" means the Election Commission appointed by

the President under article 324 of the Constitution;

(c) "former Act" means the Delimitation Commission Act, 1962;

61 ol! 1962..

(d) 'former Commission" means the Delimitation Commission

constituted under section 3 of the former Act;

(e) "last census" means the census held in 1961;

(f) "Scheduled Castes Orders" means the Constitution (Scheduled Castes) Orders made by the President under article 341 of the Consti- tution;

dg) "Scheduled Tribes Orders" means the Constitution (Scheduled Tribes) Orders made by the President under article 342 of the Consti- tution;

(h) "State" includes a Union territory.

3. The Scheduled Castes Orders are hereby amended in the manner and

to the extent specified in the First Schedule.

Amend- ment of Scheduled Castes Orders.

4. The Scheduled Tribes Orders are hereby amended in the manner

and to the extent specified in the Second Schedule.

Amend- ment of Scheduled Tribes Orders.

Determi- nation of population of Sche- duled Castes and Scheduled Tribes.

5. (1) As soon as may be after the commencement of this Act, the population as at the last census of the Scheduled Castes or, as the case may be, of the Scheduled Tribes in each State (including in relation to Assam the population of the Scheduled Tribes in that State excluding the tribal areas, and the population in each autonomous district thereof) shall be ascertained or estimated by the census authority in such manner as may be prescribed by the Central Government by rules made in this behalf and shall be notified by that authority in the Gazette of India.

(2) The population figures so notified shall be taken to be the relevant population figures as ascertained at the last census and shall supersede any figures previously published.

(3) Every rule made by the Central Government under this section shall be laid as soon as may be after It is made, before each House of Parliament while it is In session for a total period of thirty days which may be comprised In one session or in two successive sessions, and if, before tha expiry of the session in which it is so laid or the session imme- diately following, both Houses agree in making any modification in the rule or both Houses agree that the rule should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be; so however, that any such modification or annul- ment shall be without prejudice to the validity of anything previously done under that rule.

6. (1) After the population figures have been notified for any State under section 5, it shall be the duty of the Commission to make such amendments as may be necessary—

Readjust- ment of constitu- encies by the Elec- tion Coro- mlsnion.

(a) In any order made by the former Commission under clause (a) or, as the case may be, under clause (b) of section 8 of the former Act having regard to the provisions of articles 81, 170, 330 and 332 of the Constitution, of section 8 of the former Act and of this Act; and

(b) in any order made by that Commission under section 9 of the

said Act;

for the purpose of giving proper representation to the Scheduled Castes

or, as the case may be, to the Scheduled Tribes of that State on the basis of the number of reserved seats as specified in any order under clause (a), or, as the case may be, under clause (b) of section 8 of the former Act as hereundor amended by the Commission.

(2) In making any amendments in any order made under section 9 of the former Act, the Commission shall, as far as may be necessary, have regard to the provisions of sub-section (1) of that section.

(3) The Commission shall—

(a) publish its proposals for the amendments in the Gazette of India and the Official Gazette of the State concerned and also in such other manner as It thinks fit;

(fa) specify a date on or after which such proposals will be further considered by it;

(c) consider all objections and suggestions which may have been received by it before the date so specified; and

(d) thereafter make the necessary amendments in the Order.

5 of 1908.

7. (1) In the discharge of its functions the Commission shall determine its own procedure and shall have all the powers of a civil court under the Code of Civil Procedure, 1908 while trying a suit in respect of the follow- ing matters, namely: —

Proce- dure ana powers of the Commis- sion.

(a) summoning and enforcing the attendance of witnesses;

(fa) requiring the production of any document; and

(c) requisitioning any public record from any court or office.

(2) The Commission shall have the power to require any person to furnish any information on such points or matters as in the opinion of the Commission may be useful for, or relevant to, any matter under the consi- deration of the Commission.

(3) The Commission shall be deemed to be a civil court for the pur- poses of sections 480 and 482 of the Code of Criminal Procedure, 1898.

6 of 1898.

Explanation.—For the purpose of enforcing the attendance of witnesses, the local limits of the jurisdiction of the Commission shall be the limits of the territory of India.

8. (1) The Commission shall cause the amendments made by it In each of the Orders, made by the former Commission under section 8 or under section 9 of the former Act, to be published together with each such Order as so amended, in the Gazette of India and in the Official Gazettes of the States concerned.

(2) Upon publication in the Gazette of India, every such amendment, and every such Order as so amended, shall have the force of law and shall not be called in question in any court.

Publica- tion of amend- ments and amended Orders and their date of opera- tion.

(3) As soon as may be after such publication in the Gazette of India, every such amendment, and every such Order as so amended, shall be laid before the House of the People and the Legislative Assemblies of the States concerned.

(4) Subject to the provisions of sub-section (5), the readjustment of representation of any territorial constituencies In the House of the People or in the Legislative Assembly of a State, and the re-delimitation or fresh delimitation of any such territorial constituencies, necessitated by any amendments made by the Commission in any such Order of the former Commission and provided for in such Order as so amended, shall apply

43 of 10B0 in relation to every election to the House or, as the case may be, to the Assembly, held after the publication in the Gazette of India under sub- section (i) of such amendments and of such Order as so amended and shall so apply in supersession of the provisions relating to representation and delimitation contained in the Representation ot the People Act, 1950, and the original Orders made by the former Commission under section 8 and section 9 of the former Act.

(5) Nothing in this section shall affect the representation in the House of the People or in the Legislative Assembly of a State until the dissolu- tion of the House or, as the case may be, of the Assembly, existing on the date of publication in the Gazette of India under sub-section (1) of the Order or Orders of the former Commission as amended by t h, Commis- sion under this Act.

Certain other Powers of Elec- tion Com- mission.

9. (i) The Commission may prepare a consolidated Order consisting of all the Orders made by the iormer Commission under sub-JCC Lion (2) of section 9 of the former Act as amended by the Commission u.id^r this Act. to be known (by reference to the year in which such consolidated Order is prepared) as the "Delimitation of Parliamentary and Assembly Consti- tuencies Order " and send authenticated copies thereof to the Central Government and to each of the State Governments.

(2) As soon as may be after the said Order is received by the Central Government or a State Government, it shall be laid before the House of the People or, as the case may be, the Legislative Assembly of the State.

(3) The Commission may, from time to time, by notification in the Gazette of India and in the Official Gazette of the State concerned-

fa) correct any printing mistake in any of the Orders made by the former Commission under section 9 of the former Act and amended under this Act or in the consolidated Order prepared under sub-section (i) or any error occurring therein from any inadvertent slip or omis- sion; and

(fa) where the boundaries or name of any district or any territorial division mentioned in any of the said Orders are or is altered, make such amendments as appear to it to be necessary or expedient for bring- ing the Orders up-to-date.

(4) Every notification under this section shall be laid, as soon as may be after it is issued, before the House of the People and the Legislative Assembly of the State concerned,

THE FIRST SCHEDULE

(See section 3)

CHAPTER I

In the Constitution (Scheduled Castes) Order, 1950,—

(a) for paragraph 2, substitute—

"2. (1) Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes, races or tribes, specified In Parts I to XV of the Schedule to this Order, shall, in relation to the States to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards members thereof resident in the areas specified in felatioh to them in those Parts of the Schedule.

(2) Where, in the Schedule, any taste, race or tribe or part of, or group within, any caste, race or tribe, is specified as per*

taining to any particular area of a State, then, every memDer of that caste, race or tribe, residing in that area, shall be a mem- ber of the Scheduled Caste in that State:

Provided that no such member shall, so long as he resides in that State, cease to be a member of the Scheduled Caste by reason only of the fact that he has ceased to reside in that area.

(3) Where, in the Schedule to this Order, any caste, race or tribe, is specified as a Scheduled Caste in relation to the State of West Bengal, then, every displaced person from Eastern Pakistan who is a member of that caste, race or tribe shall be deemed to be a member of the Scheduled Caste in relation to any State in which he is voluntarily residing and each such caste, race or tribe shall be deemed to be included in that Part of the Schedule which relates to the State in which such person is voluntarily residing.

(4) Any person who belongs to any caste included in any Part of the Schedule and who ceases to reside in the State to which he belongs and migrates to any other State shall continue to be a member of the Scheduled Caste in the other State where he voluntarily resides notwithstanding the fact that the caste to which he belongs is not a Scheduled Caste in that other State.

(5) Notwithstanding anything contained in any law for the time being in force or in any custom or usage to the contrary, a woman who marries a person belonging to a caste specified in any Part of the Schedule shall be deemed to belong to that Sche- duled Caste to which her husband belongs.";

(b) after paragraph 3, inserts—

"3A. For the removal of doubts, it is hereby declared that notwithstanding the fact that the following derogatory expres- sions, namely, Dhed Chandala, Charal, Panchama and Paraiyan, have not been included in the Schedule to this Order, no person who was regarded as a member of a Scheduled Caste on the strength of the existence of such expression in the Schedule to this Order, as in force immediately before the commencement of the Scheduled Castes and Scheduled Tribes Orders (Amend- ment) Act, 1969, shall cease to be a member of the Scheduled Caste in the State in relation to which he was so regarded, and every such person shall be regarded as a member of the Sche- duled Caste (out of castes specified in the Schedule in relation to such State) to which he, in fact, belongs.";

(c) for paragraph 4, substitute—

"4. Any reference in this Order to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division as constituted on the date of commencement of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1969.";

(d) for the Schedule, substitute—

"THE SCHEDULE

PART I.—ANDHRA PRADESH

1. Adi Andhra

7

8

9

10

11,

2 !. Adi Dravlda s 1. Anamuk I Aray Mala 4 i, Arwa Mala 5 e i. Barlki . Bavuri l. Beda Jangam; Budga Jangam . Byagara . Chalvadi , Chamar; Chamar-Ravidas, Chamar-Rohidas. Chambhar. Mochi Much!

12 . Dakkala; Dokkala

13.

14.

Dandasi Dhor

15, , Ghasi; Chachandi, Chachati, Haddi

16. Godagula

17

18.

19.

. Holeya; Holeya Dasari, Mundala Madasi Kuruva; Madari Kuruva Madiga; Arundhatiya, Asad, Baindla, Godari, Gosangi, Jaggali,

20.

21.

22.

Jambuvulu, Yellammalawandlu Madiga Dasu; Mashteen, Matangi Mahar Mala; Mala Jangam, Mala Masti. Mala Sale or Netkani, Mala

Sanyasi, Mittula Ayyalavar

23. Mala Dasu; Mala Dasari

24.

25.

Mala Hannai Mang

26. Mang Garodi

27.

28.

29.

30.

31.

32.

33.

34.

Manne Mashti Mehtar Paidi; Dom, Dombara, Pano Paky; Moti, Thoti Pambala; Kolupulvandlu Pamidi Relli; Sapiri

35.

36.

37.

38.

Samagara Samban Sindhollu; Chindollu Valmiki (in the Agency tracts).

PART II.—ASSAM

Throughout the State, including the North Eastern Frontier Agency: —

Bansphor

1.

2. Bhuimali Brittial Bania

3

4 5.

6.

7.

8.

9.

10.

11.

12.

13.

. Chamar; Chamar-Ravidas, Chamar-Rohidas, Muchi, Rishi Dhupi; Dhobi, Rajak, Suklabaidya Dom Dugla; Badiar, Dholi Dushad Hira Jalkeot Jhalo; Jhalo-malo, Malo Kaibartta; Jaliya Kaibartta Mahara Mehtar; Balmiki, Bhangi, Lalbefli

14.

15. 16.

17.

Namasudra Patni; Mahisyadas Sutradhar.

PART III.—BIHAR

Bantar

1,

2.

3.

4.

Bauri Bhogta Bhuiya Bhumij (in Patna and Tirhut divisions and in districts of Bhaflal- 5.

pur, Monghyr, Purnea and Saharsa)

Chamar; Chamar-Ravidas, Chamar-Rohidas, Mochi

6.

7.

8.

Chaupal Dabgar

9.

10.

11.

12.

13.

Dhobi; Rajak Dom; Bansphor, Dhangad Dusadh; Dharhi, Dhari Ghasi Khelta

Kanjar

14.

15. Kurariar Mehtar; Bhangi, Dhankar, Halalkhor, Hari, LalbejH

16.

17.

18.

Musahar Namasudra

1". Nat Pan; Sawasi, Tanti. Tantwe

20.

21.

22.

Pasi Rajwar Turi.

23.

PART IV.—GUJARAT

1.

2.

Afier Bakad; Bant Bhangi; Balmiki, Barwasia, Hadi, Halalkhor, Lalbegi, Malkana.

3.

Mehtar, Olgana, Rukhi, Zampada

4. Chalvadi; Channayya

5. Chamar; Bhambhi, Bhambi, Chamadia, Chambhar, Chamgar, Chamar-Ravidas, Chamar-Rohidas, Kamati Mochi, Khalpa, Madar, Mochigar, Nalia, Ranigar, Rohit, Samgar, Telegu Mochi Dhor; Kakkayya, Kankayya

6.

7.

8.

9. 10.

Dangashia Garmatang Garoda; Garo Halsar; Halasvar, Haslar, Hulasvar Holar; Valhar

11.

12.

13.

14.

15.

Lingader Mahar; Taral Mang; Matang Mang-Garudi Nadia; Hadi

16.

17.

18.

Pasi Shemalia Shenva; Chenva, Sedma, Senva, Shenva-Rawat

19.

20. Thori

21. Tirgar; Tirbanda

22.

23.

Turi; Turl Barot Vankar; Mahyavanshi, Maru Vankar, Meghval, Menghvar.

PART V.—HARYANA

1 . Ad Dharmi

2. Barar; Berar, Burar Barwala

3.

4

5,

. Batwal . Bauria; Bawaria

6. Bazigar

7.

, Balmiki; Bhangi, Chura

8. Chamar; Balahi, Bhambi, Chamar-Ravidas, Chamar-Rohidas, Jatia Chamar, Mochi, Raigar, Ramdasi, Ramdasia, Ravidasi, Rehgar

9,

10.

11

12

13

14

, Chanal Dagi , Darain . Deha; Dhaya, Dhea, Dhe . Dhanak . DhogrI; Dhangri

15

16

17

. Dumna; Bhanjra, Doom, Mahasha . Gagra . Gandhila; Gandil Gondola

18

19

. Julaha; Kabirpanthi-Julaha . Khatik

. Koll

M

L. Kori

Z<

!. Marija; Marecha

I. Mazhabi

23

=. Megh

24

25

K N at

26

i. Od . Pasi

27

28

•. Perna

29 . Pherera . Sanhai

30

31

32

33

. Sanhai . Sansi; Bhedkut, Manesh . Sansoi

34

35,

. Sapela; Bangali, Sapera . Sarera . Sikligar

36

37. Sippi; Baddi, Halli, Rehar

38,

. Sirkiband.

PART VI.—KERALA

1 . Adi Andhra

Adi Dravlda; Samban

2.

3.

4.

5.

6.

7.

8.

9.

10.

Adi Karnataka Ajila Arundhathiyar Ayyanavar Baira Bakuda Bharathar Bathada . Chakkiliyan; Chamar, Chamar-Ravidas, Chamar-Rohidas, Chem-

11

man, Chemmar, Mochi, Samagara, Semman

12. Chavalakkaran Domban

13.

14. Hasla; Mundala Holeya; Nalkadaya, Nalkeyava

15.

16.

17.

18.

19.

20.

21.

Kakkalan Kanakkan; Padannan Kavara; Gavara Kootan Kudumbi Kuravan; Sidhanar . Madiga; Gosangi

22.

2-3. Maila Malayan (In the Plains areas)

24.

Mannan; Pathiyan, Perumannan, Peruvannan, Vannan, Varnavan

25.

26.

27.

Moger Nayadi

28.

29.

Pallan; Kadayan, Kudumban Pambada

30. Panan

31. Paniyan

32. Paravan

33.

34.

Puthirai Vannan Pulayan; Cheraman, Cheruman. Kalladi, Vallon

35.

36.

37.

Pulluvan Sambavan, Sambavar Thandan . excluding Ezhava Thandan; Thachar (excluding Thachan carpenters), Urali of plain areas

38. Thotti

39. Valluvan

40.

41.

Velan Vetan; Vedan

42. Vettuvan,

PAHT VII.—MADHYA PRADESH

1. Audhelia

2.

3.

4.

Bagdi; Badhak Bahana; Behane Balahi; Balai

5.

6.

Banchada Bargunda; Barhar

7. Basod; Bansodi, Bansphor, Baser, Burud

Bedia; Beria

Beldar; Sunkar

8. 9.

10.

11.

Bhanumatl Chamar; Ahirwar, Bairwa, Bhambi, Chamari, Chamar Mangan, Chamar-Ravidas, Chamar-Rohidas, Chitar, Jatav, Jingar, Ladia, Mochi, Nona, Ramnami, Regar, Raidas, Satnaml, Silawat, Surajbanshi, Surja Ramnami

12. Chidar; Chadar Chikwa; Chikwi

13.

14. Dahait; Dahat, Dahayat

15. Dewar; Deyar

16. Dhanuk

Dom; Domar, Doris, Dumar

17.

18. Ganda; Gandi, Pan

Ghasia; Ghasi, Soot Sarathi

19.

Holiya

20.

21. Kanjar Khangar, Kanera, Mirdha

22.

Khatik

23.

24.

25.

Kori; Katia, Koli, Patharia Kotwal (in the district of Bhind, Dhar, Dewasj Goona, Gwallor, Indore, Jhabua, Mandsaur, Morena, Rajgarh, Ratlam, Shaja- pur, Shivpuri, Ujjain, Vidisha, West Nimar)

26. Kuchbandhia

27. Mahar; Mehar, Mehra

28. Mang; Dakhni Mang, Mang Garodi, Mang Madari, Mang Mahashi 29. Meghwal; Radhe Mang

30. Mehtar; Balmiki, Bhangi, Dharkar, Lalbegi, Zamral

Moghia

31.

32. Muskhan

33. Nat; Kalbelia, Dangchadha

34. Panika (in the district of Chhatarpur, Datia, Panna, Rewa, Satna, Shahdol, Sidhi, Tikamgarh)

35. Pasi

36. Rujjhar

37. Sansia; Sansi.

PART VIII.—MAHARASHTRA

1. Ager

2. Anamuk

3. Baked; Bant

Bhangi; Balmiki, Hadi, Halalkhor, Hela, Lalbegi, Malkana, Mehtar, 4.

Olgana, Rukhi, Zadmalli

Bahana; Bahna

5.

Balahi; Balai

6.

Basor; Bensor, Bonsodi, Burud

7.

8. Beda Jangarn; Budga Jengam

9. Bedar

10. Chambhar; Asadaru, Asodi, Bhambhi, Chamadia, Chamagar, Chamar, Charnar-Ravidas, Chamar-Rohidas, Chamari, Hara- layya, Harali, Kamati Mochi, Kattai Mochi, Khalpa, Machlgar, Madar, Mochi, Mochgar, Nadia, Nona, Pardeshi Mochi, Ram- nami, Ranigar, Rohit, Samgar, Satnami, Surajbanshi, Surjya Ramnami, Telegu Mochi

Dhor; Donor, Kakayya, Kankayya

11.

Dom; Dumar

12.

13. Ganda; Gandl Garoda; Garo

14.

Ghaai; Ghasia

15. i

Halaer

16.

Halsar; HalsWar, Haslar, ttulasVaf

17.

Holar; Valer

18.

Holaya; Byagara, Chalavadi, Channayyo, Chenna Dasar, rtolayfc 19.

Dasar, Holer, Holeya, Holiya

20 21.

, Khangar; Kanera, Mirdha . Khatik; Chikwa, Chikwj

22, . Kolupulvandlu

23. Korar

Kori; Katia, Pataria

24.

25. Madiga; Baindla, Madgi, Madig

Mahar; Degu-Megu, Mahar Vinkar, Mehar, Rairand, Taral

26.

27. Mahyavanshi; Maruvankar, Vankar

28. Mala; Aray Mala, Mala Dasari, Mala Jangam, Mala Sale, Mala Sanyasi, Netkani

29. Mang; Dakkalwar, Dakhne Mang, Dakkal, Madari, Mang Maha- shi, Matang, Minimadig, Radhe Mang

Mang Garudi

30.

31. Manne

32. Mashti

33. Meghval; Meghar, Menghvar

Mukri

34.

35. Pasi

36. Sansi

37. Shenva; Chenva, Sedrna

38. Sindhollu; Chindhollu

39. Tirgar; Tirbanda

40. Turi

41. Yellammalvandlu; Yellamalwar.

PART IX.—MYSORE

1. Adi Andhra

2. Adi Dravida; Balagai

Adi Karnataka; Yedagai

3.

4. Ager

5. Ajila

6. Baira

7. Baked

8. Bakuda

9. Bandi

Bathada

10.

11. Beda Jangam; Budga Jangam

12. Bellara

13. Bhangi; Hallalkhor, Mehtar, Thoti, Zadmalt

14. Dakkal; Dokkalwar

15. Dakkaliga

16

. Dhor; Kakkayya

17

18

. Dom; Dombara, Dombi Dasar, Paidi or Pano . Garoda; Garo

19 . Godda . Hasla

20

21. , Holey a; Byagara, Chalvadi, Halaswor or Hulasvar, Holaya, Holer, Holeyadasar, Kukkaholeya, Mundala, Nalakadya, Nalokeyava

22, . Jaggali

23.

24.

, Jambuvulu Kadaiyan

25.

26.

27.

28.

Kalladi Koosa Korar Kudumban; Pallan Kotegar; Metri

29.

30. Kuravan Machala

31.

32. Madiga; Adi Jambava, Baindla, Channayya, Chennadasar, Chin- dhollu or Sindhollu, Madar, Mang, Mang Garodi or Mang Garudi, Matang, Minimadiga, Yellammalawandlu or Yellamma- lawaru

33. Mahar Mahyavanshi; Maru Vankar, Vankar

34.

Maila; Mansa

35.

Mala; Aray Mala, Arwa Mala, Maladasari, Malahannai, Malaian- 36.

gam, Malamasti, Mala Sale or Netkani, Mala Sanyasi

37.

38.

Manne Mashti Maghval; Menghvar

39.

40.

41.

Moger; Mugera Mukri; Halleer Nadia; Hadi

42.

43

44.

45.

46.

Pale Pambada Panniandi Paravan: Parava Raneyar

47. 48. Samagara; Arya Samagara, Chakkilliyan, Chamar, Chamar- Rovidas, Chamar-Rohidas, Chambagar, Chambhar, Haralayya, Samagara, Lingawant Samagara, Machigar, Madari, Moehf, Mochigar, Muchi, Muchigar

49.

50.

Samban Sapari Tirgar; Tirbanda.

51.

PART X.—OHISSA

1. Adi Andhra

2. Amat; Amant

3. Badaik

4. Baghuti; Bagutj

5.

6.

7.

Basor; Burud Bauri; Bauti, Bavuri, Bhoi, Khadala, Khadalo, Kodalo Bedia; Bejia Bsklar

fi.

9

10.

Bhata Chamar; Chamar-Ravidas, Chamar-Rohidas, Godari, Mochi, Muchi, Satnami

11. Dandasi

12.

13.

14.

Dhanwar Dhoba; Chskali, Dhobi, Rajaka Dom; Bariki, Dombo, Duria Dom, Irika, Paidi, Painda, Pamidi, Pan, Pano, Panotanti

15.

IS.

Dosadha Ganda

17.

13.

Ghasi; Ghasia Ghusuria Godra

19.

20.

21.

22.

23.

24.

25.

Gokha Gorait; Korait Hadi; Bhangi, Haddi, Hari, Karua, Mehtar Jaggili Kandra; Kadma, Kandara Katia Kela; Bajikar, Chadhai Maru, Mundapotta, Sabakhia

26.

27.

28.

29.

30.

Kori Kurunga Lohara Madiga

31.

32.

33.

34.

35.

36.

Mahuria; Nagarchi Mala; Jhala, Malo, Zala Mangan; Mang Medari Meher; Mahar, Mehra Mewar Musahar

37.

Panika; Panka

33.

Pap

39.

Pasi

40.

Patratanti; Patua

•1

42.

43.

Rajna Relli

44. Sanei

45. S&nsi Samasi

46. Sapari

47. Sidhria; Sinduria

48. Siyal

49. Tanla

50. Tiar; Tior

T un

51.

52. Ujia

53. Valmiki.

PART XI.—PUNJAB

Ad Dharmi

1.

2. Barar; Berar, Burar

Barwala

3.

4. Batwal

5. Bauria; Bawana

Bazigar

6.

7. Balmiki; Bhangi, Chura

8. Chamar; Balahi, Bhambi, Chamar-Ravidas, Chamar-Rohidas, Jatia Chamar, Mochi, Raigar, Ramdasi, Ramdasia, Ravidasi, Rehgar

9. Chanal

10. Dagi

11. Darain

12. Deha; Dhoya, Dhea, Dhe

Dhanak

13.

14. Dhogri; Dhangri

15. Dumna; Bhanjra, Doom, Mahasha

16. Gagra

17. Gandhila; Gandil Gondola

18 Julaha; Kabirpanthi-Julaha

19. Khatik

20. Koli

21. Kori

22. Marija; Marecha

23. Mazhabi

24. Megh

25. Nat

26. 27.

Od Pasi

28. Perna

29.

30.

31.

Pherera Sanhai Sanhal

32. Sansi; Bhedkut, Manesh

33.

34.

35.

36.

37.

Sansoi Sapela; Baqgali, Sapera Sarera Sikligar Sippi; Baddi, Halli, Rehar

38. Sirkiband.

PART XII.—RAJASTHAN

1. Adi Dharmi

2.

3.

4.

5.

6.

Aheri; Aheria Badi; Bhat, Vadi Bagri Bajgar Balai

7.

8.

Bansphor Bargi; Birgi, Varghi

9.

10.

Bawaria; Baori Bazigar; Madari

11.

12.

13.

14.

Beria Berwa Bhand Bhangi; Chura, Garancha-Mehtar, Hela, Lalposh, Mehtar, Valmikl

15.

16.

17.

Bidakia Bola Chamar; Chamar-Ravidas, Chamar-Rohidas, Jatav, Jatia, Raidas, Raigar, Ramdasia, Regar

18.

19.

20.

Dabgar Dhanak; Dhankia, Dhanuk Dhobi Dholi

21.

Dom

22.

23.

24.

Gandia Gancha Garda; Garoda, Garolda, Garura, Gurda

25.

26.

27.

28.

Gavaria Godhi Kalbelia; Sapera

29. Kamad; Kamadia Kanjar, Kunjar

30.

31.

32.

Khangar Khatik

33, Koli, Kori. Koria Koochband

34.

35. Mahar; Mehar

36. Majhabi

37. Mang; Mang Gardi, Matang, Minimadifi

38. Meghwal; Bhambhi, Megh, Meghvanshi

39. Mochi; Jingar

40. Nat

41. Pasi

42. Rawalia; Rawaliogi

43. Salvi

44. Sansi; Kapadia Sansi

45. Sarbhangi

Sargara

46.

47. Satia; Saantia

Singiwala

48.

49. Thori; Nayak

Tirgar.

50.

PART XIII.—TAMIL NADU

Adi Andhra

1.

Adi Dravida

2.

Adi Karnataka

3.

Arunthathiyar

4.

5. Ayyanavar (in Kanyakumari district and the Shenkotah Taluk

of Tirunelveli district)

Baira

6.

Bakuda

7.

Bandi

8.

9. Bharatar (in Kanyakumari district and the Shenkotah Taluk of

Tirunelveli district)

Chakkiliyan, Chakkiliyar; Chamar, Chamar-Ravidas, Chamar-

10.

Rohidas, Muchi, Samagara

Chalavadi

11.

Cheramar; Pulayan

12.

Cheruman

13.

Devendrakulathan. Devendrakulathar

14.

Dom: Dombara

15.

16. Domban

Godda

17.

Holeva

18.

Kadaiyan

19.

20. Kokkalan (in Kanvakumari district and the Shenkotah Taluk of

Tirunelveli district)

Kalladi

21

22. Kavara (in Kanyakumari district and the Shenkotah Taluk ot Tirunelveli district)

23. Koliyan

24. Koodan and Kootan (in Kanyakumari district and the Shenkotah Taluk of Tirunelveli district)

25. Kudumban, Kudumbar

26. Kuluvan (in Kanyakumari district and the Shenkotah Taluk of Tirunelveli district)

27. Kuravan; Sidhanar

Madari

28.

Madiga; Gosangi, Jaggali, Jambuvulu, Matangi

29.

Maila

30.

Mala

31.

32. Mannan and Vannan (in Kanyakumari district and the Shenkotah Taluk of Tirunelveli district)

Mavilan

33.

34. Moger

35. Mundala

36. iNfalakeyava

37. JNayadi

38. Padanna and Kanakkan (in Nilgiris district)

39. Pagadai

40. Pallan; Pallar, Pannadi, Vathiriyan, Vathiriyar

41. Pallar Novithar

42. Palluvan

43. Pambada

44. Panan (in Kanyakumari district and the Shenkotah Taluka of Tirunelveli district)

45. Panniandi

Paravan (in Kanyakumari district and the Shenkotah Taluk of 46.

Tirunelveli district)

47. Pathiyan (in Kanyakumari district and the Shenkotah Taluk of Tirunelveli district)

Puthirai Vannan, Puthirai Vannar

48.

49. Samban

50. Sambavar

. Semman, Semmar

51,

Thandan (in Kanyakumari district and the Shenkotah Taluk of 52.

Tirunelveli district)

53. Thoti

54 , Tiruvalluvar

55. Uraly

56, Valluvan

Vetan and Vettuvan (in Kanyakumari district and the Shenkotah 57.

Taluk of Tirunelveli district)

. Vettiyan.

58

PART XIV.—UTTAH PRADESH

1. Bhadik; Baheliya

2. Bajgi; Badi, Bajaniya

3.

4.

Balai; Balahar Balmiki; Halalkhor, Hari, Hcla, Lallaegi Bansphor; Basor

5.

6.

7.

8.

9.

Barwar Bawaria; Bauria Beldar Beriya

10. Boria Chamar; Chamar-Ravidas, Chamar-Rohidos Dhuaia, Jatav*.

11.

Jatia, Jhusia, Kureel, Raidas

Dabgar

12.

13.

14.

Dhanuk Dhobi; Rajak Dom; Domahra, Domar, Dharkar, Supach, Turaiha

15.

16.

17.

Dusadh Gharami Ghasia

18.

19.

20.

Gual Habura Kanjar

21.

22. Kapariya

23. Karwal; Bhantu

24.

25.

26.

27.

28.

29.

30.

Khairaha Khatik; Chikwa Khorot Kori Mazhabi Musahar Nat; Kalabaz Panika; Panka, Pankha

31.

32.

33.

34,

Pasi; Tarmali Sansiya; Sansi Sapera; Bangali Shilpkar (in Garhwal and Kumaon Divisions).

35.

PART XV.—-WEST BENGAL

1. 2.

3.

4. 5.

6. 7.

Bagdi; Byagra Kshatriya, Duley, Let Bahelia Baiti Bantar Bauri Beldar Bhogta

Bhulmali Bhuiya Bind Chamar; Chamar-Ravidas, Chamar-Rohidas, Charmakar, Mochi, 8. 9. 10. 11.

Muchi, Rabidas, Rishi, Ruidas, Satnami

Chaupal Dabgar Damai

. Deshwali Majhi

12. 13. 14. 15. 16. 17. 18.

Dhopa; Dhoba, Dhobi, Rajak, Sukladas Doai Dom; Dhangar Dosadh; Dharhi, Dhari, Dusadh Ghasi Gonrhi Halalkhor Hari; Bhangi, Mehtar, Mehtor, Lalbegl Helfa Jalia Kaibartta Jhalo Malo; Malo Kadai Kami Kandr& Kan jar Kaora Karenga; Koranga Kaur Keot; Keyot Khaira Khatik Koch Konai Konwar Kotal Kurariar Lohax Mahar

, Mai

Mallah , Musahar

Namasudra

, Nat

Nuniya Pallya Pan; Sawasl Pasi Patni Pod; Poundra Rajbanshi Rajwar Sarki Sunri Tiyar

Id. 20. 21. 22. 23. 24. 25. 26. 27. 28. 29. 30. 31. 32. 33. 34. 35. 36. 37. 38. 39. 40. 41. 42. 43. 44. 45. 46 47. 48. 49. 50. 51. 52. 53. 54. 55. 59. 67. 58. 59. 60.

CHAPTER II

In the Constitution (Scheduled Castes) (Union Territories) Order,

1951,—

(a) for paragraph 2, substitute—

"2. (1) Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes, races or tribes, specified In Parts I to V of the Schedule to this Order, shall, in relation to the Union territories to which those Parts respectively relate, be deemed to be Scheduled Castes so far as regards mem- bers thereof resident in the Union territories specified in relation to them in those Parts of the Schedule.

(2) Any person who belongs to any caste included in any Part of the Schedule and who ceases to reside in the Union territory to which he belongs and migrates to any State shall continue to be a member of the Scheduled Caste in the State where he voluntarily resides notwithstanding the fact that the caste to which he belongs is not a Scheduled Caste in that other State.

(3) Notwithstanding anything contained in any law for the time being in force or in any custom or usage to the contrary, a woman who marries a person belonging to a caste specified in any part of the Schedule shall be deemed to belong to that Scheduled Caste to which her husband belongs."; (£>) after paragraph 2, insert—

"2A. Where, in the Schedule to the Constitution (Scheduled Castes) Order, 1950, any caste, race or tribe is specified as a Sche- duled Caste in relation to the State of West Bengal, then, every displaced person from Eastern Pakistan who is a member of that caste, race ox tribe shall be deemed to be a member of the Sche- duled Caste in relation to the Union territory in which he is voluntarily residing and each such caste, race or tribe shall be deemed to be included in that Part of the Schedule which relates to the Union territory in which such person is voluntarily residing.";

(c) for paragraph 4, substitute—

"4. Any reference in this Order to a Union territory or to a district or other territorial division thereof shall be construed as a reference to the Union territory, district or other territorial division as constituted on the date of commencement of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1969."; (d) for the Schedule, substitute—

"THE SCHEDULE

PART I.—CHANDIGARH

1. Ad Dharml

2. Balmiki; Bhangi, Chura 3. Barar; Berar, Burar

4. Barwala

6.

0.

7.

Batwal Baurla; Bawaria Bazigar Chamar; Balahi, Bhambl, Chamar-Ravidas, Chamar-Rohidas, 8.

Jatia Chamar, Moqhi, Raigar, Ramdasia, Rehgar

9.

10.

11.

12.

13.

Chanal Dagi Darain Deha; Dhaya, Dhea, Dhe Dhanak Dhogri; Bhanjra, Dhangri

14.

15.

16.

17.

Dumna.; Doom, Mahasha Gagra Gandhila; Gandil, Gondola Julaha; Kabirpanthi-Julaha

18.

19.

20.

21.

Khatik Koli Kori Marija; Marecha

22.

. Mazhabi

23

Megh

24.

25, , Nat

26.

27

28,

29

30,

31

32,

33,

34,

35.

36.

37.

33.

, Od . Pasi , Perna . Pherera , Sanhai . Sanhai , Sansi; Bhedkut, Manesh , Sansoi , Sapela; Bangali, Sapera Sarera Sikligar Sippi; Baddi, Halli, Rehar Sirkiband.

PART II.—DELHI

1. Adi Dharmi

2.

3.

4.

5.

Aheria Balai; Berwa Bawaria, Bazigar

6 . Chamar; Agria, Chamar-Ravidas, Chamar-Rohidas, Chanwar Chamar, Jatav Chamar, Jatya Chamar, Mochi, Ramdagia, Rai- dasi, Raigar, Regar

7.

, Dhanak; Dhanuk

8. Dhea: Dhaya, Dhev Dhobi

9.

10.

11.

12.

13.

Dom Gharrami Julaha; Rabirpanthi-Julaha Kanjar; Giarah Khatik

14.

15.

16.

Koll; Kori Kuchbandha Madari

17.

IB.

19.

20.

Mazhabl Meghwal Mehtar; Balmiki, Bhangi, Chohra, Chuhra, Lalbegl Naribut; Bad!

21.

22.

23.

Nat; Rana Pasl Sansl; Bhedkut

24.

25, , Sapera

26.

27.

Sikligar Sirklband.

PART III.—HIMACHAL PHADESH

1.

2.

3.

4.

Ad Dharmi Badhi Balmiki; Bhangi, Chura Bandhela

5. Bans! Barad; Barar, Berar, Burar

6.

7,

8.

, Barwala Batwal Bawaria; Bauria

9.

10,

, Bazigar

Chamar; Balahi, Bhambi, Chamar-Ravidas, Chamar-Rohidas, 11.

Jatia Chamar, Mochi, Raigar, Ramdasi, Ramdasia, Rehgar

12. Chanal Chhlmba; Dhobi

13.

14.

15.

16.

17.

Dagi Darain Daule; Darei Deha; Dhaya; Dhe, Dhea Dhakl; Toori

18.

19,

, Dhanak , Dhaogri; Dhuai

20,

21.

22.

Dhogri; Dhangri Doom; Bhanira, Doomna, Dumna, Mahashs

23. Gandhila; Gandil Gondola

24. Ghagra

25.

26.

Hesi Jogi; Nath

27. Julaha; Kabirpanthi-Julaha

28.

29.

30.

Kamoh; Dagolj Karoack Keer

31.

32.

33.

Khatik Koli Korl

34.

35.

Lohar Marija; Marecha

36.

37.

Mazhabi Megh

38. Nat

39. Od Pasi

40.

41. Perna

42.

43.

Phrera; Pherera Sanhai

44.

45.

46.

47.

48.

49.

50.

51.

52.

Sanhal Sansi; Bhedkut, Manesh Sansoi Sapela; Bangali, Nagalu Sarde; Sarare, Siryare Sarera Sikligar Sipi; Baddi, Halli, Rehar Sirkiband Tell

53.

54. Thathiar; Thathera.

PART IV.—MANIPUH

1.

2.

Chakpa Dhupi; Dhobi

3.

4.

Loi Muchl; Chamar-Revidas, Chamar-Rohidas Namasudra

5.

6. Patni Yaithibi.

7.

PART V.—TKIPUHA

1.

2.

Bagdi Bhuimall

Bhunar Chamar; Chamar-Ravidas, Chamar-Rohidas. Muchl

8. 4. 5 6. 7. 8. 9. 10.

11. 12, 13. 14. 15. 16. 17. 18. 13. 20. 21. 22. 23.

. Dandasi Dhenuar Dhoba; Dhobi Dhuli; Badyakar, Sabdakar Dom; Kan Ghasi Jalia Kaibarta; Jhalo Malo, Mallabarman Kalindi Kanugh Keot Khadit Koch Kora Kotal Mahisyadas Mehtor Musahar Namasudra Patni.".

CHAPTER III

In the Constitution (Jammu and Kashmir) Scheduled Castes Order, 1956,—

(a) for paragraph 2, substitute—

"2. (3) Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes, races or tribes, specified in the Schedule to this Order, shall, in relation to the State of Jammu and Kashmir, be deemed to be Scheduled Castes so far as regards members thereof resident in that State:

Provided that no person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of the Scheduled Caste.

(2) Any person who belongs to any caste included in the Schedule and who ceases to reside in the State of Jammu and Kashmir and migrates to any other State shall continue to be a member of the Scheduled Caste in the other State where he voluntarily resides notwithstanding the fact that the caste to which he belongs is not a Scheduled Caste in that other State.

(3) Notwithstanding anything contained in any law for the time being in force or in any custom or usage to the contrary, a woman who marries a person belonging to a caste specified in the Schedule shall be deemed to belong to that Scheduled Caste to which her husbatid belongs.";

(b) for the Schedule, substitute—

"THE SCHEDULE

JAMMU AND KASHMIR

1, Barwala 2. Basith

3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15.

Batwal Chamar; Chamar-Ravidas, Chamar-Rohidas, Ramdasia Chura Dhyar Doom; Doomna, Mahasha Gardi Gen Mazhabi Megh Molgi Nadiala Ratal Saryara.".

In the Constitution (Dadra and Nagar Haveli) Scheduled Castes Order, 1962,—

(a) for paragraph 2, substitute—

"2. (1) Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes, races or tribes, specified in the Schedule to this Order, shall, in relation to the Union territory of Dadra and Nagar Haveli, be deemed to be Scheduled Castes so far as regards members thereof resident in that Union territory:

Provided that no person, who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of a Scheduled Caste.

(2) Any person who belongs to any caste included in the Schedule and who ceases to reside in the Union territory of Dadra and Nagar Haveli and migrates to any other State shall continue to be a member of the Scheduled Caste in the other State where he voluntarily resides notwithstanding the fact that the caste to which he belongs is not a Scheduled Caste in that other State.

(3) Notwithstanding anything contained in any law for the time being in force or in any custom or usage to the contrary, a woman who marries a person belonging to a caste specified in the Schedule shall be deemed to belong to that Scheduled Caste to which her husband belongs.";

(b) after paragraph 2, insert—

"3. Where, in the Constitution (Scheduled Castes) Order, 1950, any caste, race or tribe is specified as a Scheduled Caste in relation to the State of West Bengal, then, every displaced person from Eastern Pakistan who is a member of that caste, race or tribe shall, if residing in the Union territory of Dadra and Nagar Haveli, be deemed to be a Scheduled Caste in relation to that Union territory and each such caste, race or tribe shall be deemed to be included in the Schedule to this Order.

4. For the removal of doubts it is hereby declared that not- withstanding the fact that the derogatory expression Dhed has not been included in the Schedule to this Order, no person who wsa regarded as a member of a Scheduled Caste on the strength

of the existence of the aforesaid expression in the Schedule to this Order, as in force immediately before the commencement of the Scheduled Castes and Scheduled Tribes Orders (Amend- ment) Act, 1969, shall cease to be a member of the Scheduled Caste in the Union territory of Dadra and Nagar Haveli and every such person shall be regarded as a member of that caste (out of the castes specified in the Schedule) to which he, in fact, belongs."; (c) for the Schedule, substitute—

"THE SCHEDULE

DADRA AND NAGAR HAVELI

1. Bhangi 2. Chamar; Chamar-Ravidas, Chamar-Rohidas, Rohit 3. Mahar 4. Mahyavanshi; Vankar.".

CHAPTER V

In the Constitution (Goa, Daman and Diu) Scheduled Castes Order, 1968—

(a) for paragraph 2, substitute—

"2. (I) Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes, races or tribes, specified in the Schedule to this Order, shall be deemed to be Scheduled Castes in relation to the Union Territory of Goa, Daman and Diu so far as regards members thereof resident in that Union territory:

Provided that no person who professes a religion different from the Hindu or the Sikh religion shall be deemed to be a member of a Scheduled Caste.

(2) Any person who belongs to any caste included in the Schedule and who ceases to reside in the Union territory of Goa, Daman and Diu and migrates to any State shall continue to be a member of the Scheduled Caste in the State where he volun- tarily resides notwithstanding the fact that the caste to which he belongs is not a Scheduled Caste in that other State.

(3) Notwithstanding anything contained in any law for the time being in force or in any custom or usage to the contrary, a woman who marries a person belonging to a caste specified in the Schedule shall be deemed to belong to that Scheduled Caste to which her husband belongs.";

(b) after paragraph 2, insert—

"3. Where, in the Schedule to the Constitution (Scheduled Castes) Order, 1950, any caste, race or tribe is specified as a Scheduled Caste in relation to the State of West Bengal, then, every displaced person from Eastern Pakistan who is a member of that caste, race or tribe, shall, if voluntarily residing in the Union territory of Goa, Daman and Diu, be deemed to be a mem- ber of the Scheduled Castes in relation to that Union territory and each such caste, race or tribe shall be deemed to be Included In the Schedule to this Order.";

(c) for the Schedule substitute-^-

"THE SCHEDULE

1. Bhangi; Had! %. Chambhar

3. Mahar

4. Mahyavanshi; Vankar

5. Mang.".

CHAPTER VI

In the Constitution (Pondicherry) Scheduled Castes Order, 196^,—

(a) for paragraph 2, substitute—

"2. (1) Subject to the provisions of this Order, the castes, races or tribes or parts of, or groups within, castes, races or tribes, specified in the Schedule to this Order, shall, in relation to the Union territory of Pondicherry, be deemed tj be Scheduled Castes so far as regards members thereof resident in that Union territory:

Provided that no person, who professes a religion different from the Hindu or the Sikh religion, shall be deemed to be a member of a Scheduled Caste.

(2) Any person who belongs to any caste included in the Schedule and who ceases to reside in the Union territory of Pondi- cherry and migrates to any other State shall continue to be a member of the Scheduled Caste in the other State where he voluntarily resides or carries on business or works for gain not- withstanding the fact that the caste to which he belongs is not a Scheduled Caste in that other State.

(3) Notwithstanding anything contained in any law for the time being in force or in any custom or usage to the contrary, a woman who marries a person belonging to a caste specified m the Schedule shall be deemed to belong to that Scheduled Caste to which her husband belongs.

(t") after paragraph 2, insert—

"3. Where, in the Constitution (Scheduled Castes) Order, 1950, any caste, race or tribe is specified as a Scheduled Caste in relation to the State of West Bengal, then, every displaced per- son from Eastern Pakistan who is a member of that caste, race or tribe shall, if residing in the Union territory of Pondicherry, be deemed to be a Scheduled Caste in relation to that Union territory and each such caste, race or tribe shall"be deemed to be included in the Schedule to this Order.

4. For the removal of duubts it is hereby declared that not- withstanding the fact that the derogatory expression Parayan is not mentioned in the Schedule to this Order, no person who was regarded as a member of a Scheduled Ca^te on the strength of the existence of the aforesaid expression in the Schedule to this Order, as in force immediately before the commencement, of the Scheduled Castes and Scheduled Tribes Orders (Amendment) Act, 1969, shall cease to be a member of the Scheduled Caste in the Union territory of Pondicherry and every such person shall be regarded as a member of that caste (out of the ca3tes speci- fied in the Schedule in relation to such State) to which he, in fart t^innrrs":

(c) lor the Schedule, substitute—

"THE SCHEDULE

PONDICHERRY

, Adi Andhra

1. 2. Adi Dravida; Valluvan

3. Chakkiliyan

4.

5.

6.

Kuravan Madiga; Jambuvulu Mala; Mala Masti Pallan

7.

8.

9.

10. 11. '

12.

Puthirai Vannan Samban Sambavar Thoti; Paky, Motj¹ Vetan Vettiyan.".

13.

THE SECOND SCHEDULE (See section 4) CHAPTER I

In the Constitution (Scheduled Tribes) Order, 1950,—

(a) for paragraph 2, substitute—

"2. (2) The tribes or tribal communities, or parts of or groups within tribes or tribal communities, specified in * * Parts I to XII of the Schedule to this Order * * * * shall, in relation to the States to which those Parts relate, be deemed to be Sche- duled Tribes so far as regards members thereof resident in the States specified in relation to them in those Parts of the Schedule.

(2) Where, in the Schedule any tribe or tribal community or part of or group within any tribe or tribal community is speci- fied as pertaining to any particular area of a State, then, every member of that tribe or tribal community or part of or group within that tribe or tribal community, as the case may be, resid- ing in that area, shall be a member of the Scheduled Tribe in that State:

Provided that no such member shall, so long as he resides in that State, cease to be a member of the Scheduled Tribe by reason only of the fact that he has ceased to reside in that area.

2A. Notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall bo deemed to be a member of any Scheduled Tribe.";

(b) for paragraph 3, substitute—

"3. Any reference in this Order to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division as constituted on 1he date of commenctmc-nt of the Scheduled Castp= and Scheduled Tribes Orders (Amendment) Act, 1969.";

(c) for the Schedule, substitute—

"THE SCHEDULE

PART I.—ANDHRA PRADESH

I .. Agnikula Kshatriya; Palli

!. Andh; Sadhu Andh 2

1. Bagata; Rena, Rona 3

I. Banjara; Lambada, Sugali A

5

>. Beiti Kammara; Mettu Kammara, Mettu Saraf, Mooli Kammara

6 . Bhil

7 . Chenchu

. Gadaba; Bodo, Gutobi, Kallyt, Kapu Gadaba, Kathlri, Kathora.

8

Ollaro, Parangi

g . Gond; Koi, Koitur

10 . Jatapu

11 . Kattunayakan

12.

. Kondh; Desaya Kondh, Dongria Kondh, Kodu, Kutia Kondh.

Tikiria Kondh, Yonity Kondh

Kolam; Manne Kolam

13.

14. Konda Dora; Chinna Kondalu, Konda Kapu, Pedda Kondalu

15. Konda Reddi; Hill Reddi

16. Kodu Goudu (in the Agency tracts)

17. Koya; Doli Koya, Dora Chattam, Gampa Koya, Gommu Koya, Gutta Koya, Kaka Koya, Kammara Kuya, Kutta Koya; Linga Koya, Matwa Koya, Musara Koya, Oddi Koya, Pattidi Koya, Racha Koya

18. Kotia; Bartika; Bentho Oriya, Dulia, Holva, Paiko, Putiya, Sanrona, Siddopaiko

19. Kullia

20. Mali (in the Agency tracts)

Manne Dora

21.

22. Mooka Dora; Nooka Dora

23. Naikpod

24. Nayak (in the Agency tracts)

25. Pardhan

26. Porja

27. Reddi Dora

23. Samanta; Samantu

29. Savara

30. Thoti (in the district of Adilabad)

31. Yenadi

32. Yerukula.

PART II.—ASSAM

n the Autonomous Districts—

I. I

1. Chakma 2. Garo 3. Gond

4. 5.

6.

Hajo'ng Hmar Jainlia, Pnav

Kachari; Boro, Dimasa

7.

8. Kamar

9. Kharia

10. Khasi

11. Koch (in Garo hills)

12. Khond

13. Kuki; Biate or Bicte, Changsan, Chongloi, Doungel, Ganal- hou, Ganghte, Guite, Hanneng, Haokip or Haupit, Haolai, Hengna, Hongsungh, Hrangkhwal or Rangkhol, Jongbe, Khawchung, Khawathlang or Khothalong, Khelma, Khol- hou, KipgRii, Lenghang, Lhangum, Lhoujem, Lhotivun, Lup- heng, Mangjt'l, M^sao, Sairhem, Selnam, Singson, Sitlhou- Skute, Thadh, Thangngen, Urbuh, Vaiphel

14.

15.

Lakher, Mara Man

16.

17.

Mech Mizo, Lusei

18.

19.

20.

21.

22.

23.

Mikir, Arleng Munda Naga Oraon Pahari Paite

24.

25.

P an Pawl Rabha

26.

27.

28.

29.

30.

Rava Rianfi Santal Synteng.

the Transferred Areas-

II. In

Adi

1.

2. Aka

3.

4.

Dafla Khampti

5.

8.

7.

Mishinfl! Mishmi Naga Santal

8.

$inepho.

9.

III. In the  Plains  Areas—
    1. Chero
    2. Deori
    3. Garo
    4. Gond
    5. Hmars
    6. Ho
    7. Hojai
    8. Kachari;  Barmans  in  Cachar.   Boro.  Boro-Kachari.   Mech.
        Sonwal.
    9. Kandh
   ID. Kharia
   11. Konda
   12. Lalung
   13. Miklr
   14. Miri
   15. Munda
   16. Oraon;  Orang
   17. Rabha
   18. Santal;  Santhal
   19. Sauria  Paharia.
IV.  In the  North  East  Frontier  Acency—
    1. Adi, Abor, Ashing, Bogum, Janbo-Bomdo, Bokar, Bori, Gallons,
        including  Basar,  Bomi,  Bong,  Botung,  Karka,  Karko,  Kom-
        kar,  Lare,  Lodu,  Milang,  Minyong,  Padams,  Pailibo,  Paktu;
        Pangi,  Pasi,  Ramo,  Shimong,  Tangam.
    2. Aka,  Hrusso,  Khrodeng
    3. Apatani,  Apatanang.
    4. Dana,  Bangni,  Bang™,  Nishi,  Nisbang, "Yalo,  Yano.
    5. Hill  Miri;  Panibotia,  Sarak,  Tarbotia
    e.: Khamba
    7. Khampti  Khamti
    8. Khowa;  Bugun,  Khoa
    9. Mayor
   10. Memba
   11. Biji;  Dhammai
   12.: Mishmi;  Chulikata  including  Bebajia, Digaru,  Idu,  Kaman,
        Miju,  Taraon
   13. : Monpa;  Brahmi  Monpa,  But  Monpa,  Chukpa,  Dirang  Monpa.
        Kalaktang  Monpa,  Lishpa,  Monpa,  Tawang
   14. Nocte;  Dadom,  Domlak,  Hakhun,  Hawa,  Jope,  Khapa,  Laiu.
        Phothung,  Sangniyak
   15. Sherdukpen;  Senji,  Thonji
   16. Singpho;  Chinphou,  Sinpho
   17. Sulung
   18. ' Tagin;  Moya,  Mayu,  Mara,  Na,  Soreng-Ling-Po
   19. Tangsa;  Changwan,  Havi,  Khemsing,  Khamiyang,  Longchang,
        Longphi,  Longri,  Lung  Chang,  Lungri,  Maimongs,  Moglum,
        Moklum,  Morang,  Mosang,  Musang,  Rang  Pang,  Ronrang,
        Sanke,  Takam,  Teikam,  Tikhak,  Tonglum,  Tongsinfi,  Yogll,
        Yongkuk,  Yotingkuk
   20.  ' Wancho
   21.: Sakhring.

PART III.—BIHAR

1.

. Asur; Agario, Bir

2, Baiga

3.

4.

Banjara Bathudi

5. Bedia

J. Bhumij (in the districts of Dhanbad, Hazaribagh, Palamau, (

Ranchi, Singhbhum and Santhal Parganas)

7. Binjhia

8.

9.

Birhor Birjia

10. Chero

11. Chik Baraik

12. Gond

13. Gorait

14. Ho

15.

16.

Karmali Kawar

17. Kharia

18.

19.

20.

21.

22.

23.

24.

Kharwar Khond Kora Korwa Lohara; Lohra Mahli Mai Paharia; Sauria Paharia

25. Munda

26. Nagesia; Nagesia-Kisan

Oraon; Dhangad, Dhangar

27.

28. Parhaiya

29. Santal

30. Savar.

PART IV.—GUJARAT

Bamcha

1.

Bavacha

2.

. Bharwad (in the Ne3ses of the Forest Divisions of Gir, Junagadh 3

and Rajkot)

4. Bhil, Barda, Bhagalia, Bhilgarasia, Dhanka, Dholi Bhil, Dhungri Bhil, Dungri Garasia, Gamit, Gamta, Gavit, Mavchi, Mewasi Bhil, Padvi, Pawra, Rawal Bhil, Tadvi, Tetaria, Valvi, Vasava, Vasave

Bhilala Charan (in the Nesses of the Forest Divisions of Gir, Junagadh 5. 6.

and Rajkot)

7. Chodhara

8. Chaudhari (in the districts of Bulsar and Surat)

9. Dhodia

10. Dhor-Koli; Koli-Dhor, Tokre-Koli

Dubla; Talavia, Halpati

11.

2. Gond

l:

Kathari; Dhor Katkari, Dhor Kathodi, Kathodi, Son Kathodi, Son 13.

Katkari

14. Kolcha, Kolgha

15. Kokna; Kukna, Kokni

16. Kunbi (in the Dangs district)

Naikada; Cholivala-Nayaka, Kapadia-N&yaka, Mota-Nayaka, Nana- IV.

Nayaka

Padhar

18.

Patelia

19.

20. Pomla

1. Rabari (in the Nesses of the Forest Division of Rajkot, Gir, Juna- 2

gadh and Rajkot)

22. Rathawa; Rathawa-Koh

23. Varli

Vitolia; Barodia, Kotwalia.

24.

PART V.—KERALA

Adiyan

1.

2. Allar

Arandan

3.

4. travalan

Irulan

5.

Kandan

6.

Kanaladi; Kalanadi

7.

Kanikkaran

8.

Karimpalan

9.

li 0. Kattunayakan, Thachanadan

Kochu Velan

11.

12. Konda Reddi

Koraga

13.

Kota

14.

Kudiya, Melakudi

15.

16. Kundu Vadiyan

Kuruchian

17.

3. Kuruman; Kulluva Kuruman, Then Kuruman, Ureli Kuruman. 1!

Vetu Kuruman

IE

2C

). Kurumban ). Mala Adiyan

21

.. Mala Arayan

22

I. Malakkaran; Mala Muttan, Mala Panikkar

23 . Mala Kuravan

24 . Mala Pandaram

25. Mala Pulayan; Karavazhi Pulayan, Matha Pulayan, Pampa Pula- yan, Wynadan Pulayan

2(5

. Malasar

27. . Mala Vedan; Mala Vetan

28. Mala Vettuvan

29. Malayan (in hill areas); Konga Malayan. Pani Malayan

30. Mannan

Mavilan

31.

32. Muthuvan; Muduga, Muduvan

33. Paliyan

34. Paniyan

35. Pathiyan (in hill areas)

36. Ulladan

37. Urali (in hill areas).

PART VI.—MADHYA PRADESH

1. Agaria Andh

3. 4.

Asur Baiga

5. Bhaina

6. Bharia; Bhumia, Bhuinhar, Bhuivan. Paliha, Pandn

7. Bhattra; Bhil Koli or Dhanka

Bhil, Koli, Bhil Mina, Damor or Damria. Mankar, Mathwadia, 8.

Naikda, Rathia, Tadvi

9. BHilala; Barela, Patelia, Patlya

10. Bhimma

11. Bhunjia

12. Binjhwar

13. Birhor; Birhul

14. Biyar

Dhanwar; Dhanuhar

15.

Gadba; Gadaba

16. 17. Gond; Arakh or Arrakh, Bada Madia, Bhar, Bhatola, Bhuta or Koilabhuta, Chhota Madia, Dandami Madia, Daroi, Dhoba, Dhulia, Dhur, Dhuru, Dhurwa, Dorla, Gaiki, Gaita, Gatta or Gatti, Gond Gowari, Kalanga, iCandra, Khatola, Khirwar, Koitar, Koya, Kucha Madia, Kuchaki Madia, Madia or Maria, Mana, Mannewar, Moghya Gond, Mudia or Muria, Nagarchi, Nagwanshi, Ojha, Pathari, Sonjhari Jharikha, Thatia or Thotya

18. Halba

19. Halbi

Katnar Kandh; Khond, Kondh

20. 21.

Kanwar; Bhat or Kuru Bhat or Kuru Purohit or Lanjha, Chhattri, 22.

Cherwa, Kaur, Kawar, Rathia Tanwar

23. Khadia Khairwar, Kondar

24.

25. Kol

26. Korku; Bondheya or Bondhi, Bopchi, Karku, Mawasi, Nahul or Nihal

27. Korwa; Dih or Dihari Korwa, Kodaku, Pahadia or Pahadi Korwa

28. Majhwar; Majhi

29.

30.

31.

Munda Nagasia; Nagesia Oraon; Dhangad, Dhanka, Kuda, Kudukh

32. Pao

33. Pardhan; Pathari; Saroti

34. Parja

35.

36.

37.

38.

Saunta Saur; Sehariarawat Sonr Sawar; Sawara, Shabar Seharia; Sehr, Sor, Sosia.

PART VII—MAHARASHTRA

1. Agaria

2. Andh Asur

3.

4.

5.

6.

7. 8.

Bavacha; Bamcha Bhaina Bharia; Bhulyan, Bhuinhar, Bhumia Bhattra Bhll; Barda, Bhagalia, Bhil-Garasia, Dholi-Bhil, Dongri-Bhil, Dungri-Garosia, Mevasi-Bhil, Padvl, Pawara, Rawal-Bhil, Tadvi, Valvi, Vasava

9. Gowari (in the districts of Amravati, Bhandara, Buldana, Chanda, Nagpur, Werdha and Yeotmal)

10.

11.

Bhilala Bhilmma

12.

13.

14.

Bhunjia Binihwar Birhor: Birhul

15. Dange-Dhangar (In Kolhapur District)

16. Dhanka; Tetarla

17. Dhanwar

18. Dhodia Dhodi; Dhodi

10.

20

Dhor Koli (Dhodia); Koll Dhor, Tokre Koll Dubla; Halpati. Talvla

21. Gavit; Gamta; Gamit 22. Gond; Arakh, Bada Madia, Bhatola, Chhota Madia, Dandami Madia, Dhulia, Dhuiu or Dhurwa, Dhoba, Dorla, Gaiki, Gaita, Gatta or Gatti, Gond Burud, Kalanga, Kandra, Khirwar, Koitur, Koya, Kucha Madia, Kuchaki Madia, Machalir Madia, Madia or Maria, Mannewar, Mudia or Muria, Nagarchi, Nigwanshi, Naik- pod, Ojha, Sonjhari Jharokha, Thatia or Thotia

23. Halba; Halbi

24. Kamar

25. Kandb; Khond, Kondh

Katkari; Dhor, Katkari or Dhoi Kathodi, Kathodi, Son Katkari or 26.

Son Kathodi

27. Kawar; Chattri, Cherwa, Kanwar, Kaur, Rathia, Tanwar

28. Kharwar

Kokna; Kokni, Kukna

29.

30. Kol

Kolcha; Kolga

31.

32. Kolam; Kollawark, Manne, Pujarak

33. Korku; Bondeya, Bondhi, Bopchi, Mouasi, Nihal or Nahul

Mahadev Koli; Dongar Koli

34.

35. Malhar Koli

Nagasia; Nagesia

36.

Nayaka; Cholivala Nayaka, Kapadia Nayaka, Mota Nayaka, Nana 37.

Nayaka, Nayakada

Oraon; Dhangad, Dhanka

38.

39. Pardhan; Pathari, Saroti

Pardhi; Advichinchar Pardhi, Phanse Pardhi, Shikari Pardhi

40.

Patelia

41.

42 Pomla

43. Rathawa

Thukur; Ka-Thakar, Ka-Thakur, Ma-Thakar, Ma-Thakur, Thakar 44. '

Varli

45.

Vatolia.

46.

PART VIIL—MYSORE

1. Banjara; Lambani

2. :

Bavacha; Bamcha

3. Bhovi; Bovi

Chenchu; Chenchwar

4.

Chodhara

5.

6.

7. i

Dhor Koli; Kolcha, Kolgha, Tokre Koli Grhantichore

8. ( 3ond; Koya

9 ( Sowdalu

10. 1 riakkiptkki

1 1. ] Handi Jogi

12. I rlasalaru

13.

14.

Iruliga; Irular Kadu Kuruba; Betta Kuruba, Jenu Kuruba, Kuruman

15. Kadu Marati Katkari; Dhor Kathodi or Dhor Katkari, Kathodi, Son Kathodi or

16.

Son Katkari.

Kattunayakan

17.

18. Kepmari

19. Kokna; Kokni, Kukna

20. Koracha

21.

22.

Koraga Korama

23. Kota

24. Kudiya; Malaikudi or Melakudi, Thenukudi

25.

26.

Malasar Malayekandi

27, Maleru

28. Medar; Meda

29. Naikda; Barda, Bhil, Nayaka, Cholivala Nayaka, Kapadia Nayaka

Mota Nayaka, Nana Nayaka

30. Palliyan; Paniyan Pardhi; Advichinchar, Chigari Betegar, Haranshikari, Nirshikari,

31.

Phase Chari, Phase Pardhi, Raj pardhi, Takanakar Takari

32. 33.

34.

Rathawa Sholaga Sillekyatha

35. Soliga; Sholiga

36. Sudugadu Siddha

37. Toda

38. VarU

39. Vitolia; Barodia, Kotwalia Yerava; Badaga Yerava, Pani Yerava, Panjiri Yerava, Vodiga

40.

Gowda.

PART TX.--ORISSA

1. Bagata

2. Baiga

3. Banjara; Banjari, Laban

4. Bathudi

5. Bhottara; Dhotada Bhuiya; Bhuyan, Paidi Bhuyan, Paudi Bhuyan

6.

7. Bhumia Bhuraij; Desua Bhumij, Tamadia, Tamudia

8.

9. Bhunjia

10. Bhinjhal; Bhinihwal, Binjhia, Binjhoa

11. 12.

Birhor; Mankidi, Mankidia Bonda Paraja

Dal

13.

14. Dharua Didayi

15.

Gadaba

16.

17. Gond; Gondo

Ho; Erehgakolha, KoL, KoH"a

18.

19.

20.

Holva Jatapu

21. Juang Kandha; Dungaria Kandha, Khond, Kond, Kui, Kutia Kandha, Kuvi, 22.

Muli, Nanguli Kendha, Pengo Kandha, Sitha Kandha

Kawar

23.

24. Kharia

25. Kharwar Kolha-Lohara; Munda-Lohara

26.

Konda Dhora; Konda Dora

27.

28. Kora Korwa

29.

30. Koya; Gandia Madia

Lodha

31.

32. Mahali

33. Malhar Koli Matia

34.

35. Mirdha Munda; Mundari

36.

Nagesia; Kisan

37.

Omanatya

38.

Oraon; Uram

39.

40. 41. 42.

Paraja Parenga Pentia

43. Rajuar Santal

44.

45. Saunti Saura; Sahara, Saora, Savar, Shabar

46.

47. Tharua.

PART X.—RAJASTHAN

Bhil; Bhil Mina, Gameti, Rawat Bhil

1.

Damor; Damaria

2.

3.

i.

Garasia Kathodi; Kathodia

5. Mina; Meena, Rawat Mina Seharia.

6.

PART XI.—TAMIL NADU

Adiyan

1.

2. Aranadan

3- 4.

Erawllan Irular

5. Kadar

Kanikaran and Kanikkar (in Kanyakumarl district and Shenkotah 6.

taluk of Tirunelveli district)

7. Kattunayakan

8. Konda Kapu

Kondareddi

9.

10. Koraga

Kota (in Nilgiris district)

11.

12. Kudiya; Melakudi

Kunnavan

13.

Kurichchan

14.

15. Kurumba (in Nilgiris district)

Kuruman

16.

Lambadi; Sugali

17.

Malakkaran; Malayali (in North Arcot and South Arcot, Salem 18.

and Tiruchirapalli district)

Malakkuravan

19.

20. Malai Arayan

21. Malai Pandaram

Malai Pulayan (in Coimbatore, Madurai or Tirunelveli district) 22.

Malai Vedan

23.

24. Malasar

Mannan

25.

Mudugar; Mueuvan

26.

Narikoravan; Kurivikkaran

27.

Paleyan

28.

29. Palliyar

30. Paniyan

Sholaga

31.

Toda (in Nilgiris district)

32.

Uraly.

33.

PART XII—WEST BENGAL

1. Baiga
2. Bedia;  Bedya
3. .  Bhumij
4 .  Bhutia;  Deniongpa;  Dukpa;  Kerongpa,  Sbingsarpa,  Walungpa

5. Birhor

6 Chakma

7. Chero

8. Garo

9. Gond

10. Gorait

11. Hajong

12. Ho

13. Karmali

14. Kharwer

15. Kheria; Kharia

16. Khond

17. Kora

18 Korwa

19. Lepeha Rong

20. Lodha

21. Lohaia; Lohra

22 Magh

23. Mahali; Mahli

24. Mai Pahariya; Kumar Bhag, Parhariya; Sauria Paharia

25. Mech; Bodo

26. Mru

27. Munda

28. Nagesia; Kisan

29. 30.

Oraon Parhaiya

Rabha

31.

32. Santa 1

33. Savar

34. Sherpa

35 Toto

36 Yolmo: Kagatay.".

CHAPTER II

In the Constitution (Scheduled Tribes) (Union Territories) uraer.

1951,—

(a) for paragraph 2, substitute—

"2. The tribes or tribal communities or parts of "*• groups within tribes or tribal communities specified in Parts I to IV of the Schedule to this Order * + * * * * shall, in relation to ihe Union territories to which those Parts respectively relate, be deemed to be Scheduled Tribes so far as regards members thereof resident in the Union territories specified in relation to them in those Parts nf 1h;it Schedule.

2A. Notwithstanding anything contained in paragraph 2, no

person, who has given up tribal faith or faiths and has embraced

either Christianity or Islam, shall be deemed to be a member of any Scheduled Tribe."; (b) for paragraph 3, substitute—

"3. Any reierenee in this Order to a State or to a district or other territorial division thereof shall be construed as a reference to the State, district or other territorial division as constituted on the date of commencement of the Scheduled Castes and Sche- duled Tribes Orders (Amendment) Act, 1969.";

(c) for the Schedule, substitute—

"THE SCHEDULE

PART 1—HIMACIIAL PRADESH

1.

2

3

4

5.

Beta; Beda Bodh Chan Domba; Gara, Zoba Jad; Khampa, Lamba

6.

7.

Kanaura (including Chamang and Damang) Kanet or Seok (in Chhota and Bara Banghal)

8.

9.

10.

Kolta Lahaula Pangwala

Swangla.

11.

PART II.—LACCADIVJ!, MINICOY AND AMINDIVI ISLANDS

1. Koya

2. Malumi Manikfan

3.

4. Melacheri

5. Raven

6 Thakru.

PART 111.—MANIPUB

, Aimol

2. Anal Angami

3

4

5.

Buite Chlru Chongthu

6.

7. Chothe Gangte

8.

9.

10.

11.

Guite Hmar Kabui Koireng

12.

Kom

13

14. Kuki Lamgang

15.

16.

17.

Mizo; Lusei Maram Maring

18.

Mao

19.

20.

21.

Mikir Moyon-Monsang

22. Paite; Sukate Perum

23.

24. Puram

25.

26.

Ralte Simte

27.

28.

Sukte Tangkhul

29.

30.

Thadou Vaiphei

31.

32.

Zemei-Lieangmei; Ka Chanago Zou.

PART IV.—THIPUHA

1.

2.

Bengshel Bhil Bhutia

3.

4.

5.

Chaimal Chakma

6, Dub

7. Garo Halam

8.

9.

10.

11.

12.

Jamatia Kaipeng Kalali Kanda; Kherla, Kheriya

13. Kandh

14.

15.

16.

Karbong Kharia Khasi; Khasia

17. Kol

18. Kuki Lengui

19.

20. Lengung

Lepcha

21,

Lushal

22

23. Mag

24. Munda Murasing

25.

26.

27.

Mussum Noatia Oraon

28.

29. Rankhal Riang

30.

Rupini

31.

32.

33.

Sabar Santal

34.

35. 36.

37.

Sukuchep Thangchep Tippera; Tripura, Tripuri Uchai.".

CHAPTER III

In the Constitution (Andaman and Nicobar Islands) Scheduled Tribes Order, 1959,—

(a) for paragraph 2, substitute—

"2. The tribes or tribal communities or parts of or groups within tribes or tribal communities specified in * * * + * the Schedule to this Order shall, for the purposes of the Constitu- tion, be deemed to be Scheduled Tribes in relation to the Union territory of Andaman and Nicobar Islands so far as regards members thereof resident in that Union territory.

2A. Notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall be deemed to be a member of any Scheduled Tribe.";

'bi for the Schedule, substitute—

"THE SCHEDULE

ANDAMAN AND NICOBAR ISLANDS

1.

2.

3.

Andamanese Jarawas Nicobarese Onge

4.

5. Sentinelese Shorn Pen.".

6.

CHAPTER IV

In the Constitution (Dadra and Nagar Haveli) Scheduled Tribes Or- Jer, 1962 —

(a) for paragraph 2, substitute—

"2. The tribes or tribal communities or parts of or groups within tribes or tribal communities specified in * * * + * the Schedule to this Order * * * * shall, for the purposes of the

Constitution, be deemed to be Scheduled Tribes in relation to xhe Union territory of Dadra and Nagar Haveli so far as regards members thereof resident in that Union territory.

2A. Notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall be deemed to be a member of any Scheduled Tribe.";

(b) for the Schedule, substitute—

"THE SCHEDULE

DADRA AND NAGAR HAVELI

1.

2.

Dhodia Dhor Koli; Kolgha

Dubla; Halpati

3-

4. Kathodi

5. Kokna

6. Naikada; Nayaka

7. Varli.".

CHAPTER V

In the Constitution (Goa, Daman and Diu) Scheduled Tribes Order, 1968—

(a) for paragraph 2, substitute—

"2. Subject to the provisions of this Order, the tribes or tribal communities, or parts of, or groups within tribes or tribal com- munities specified in the Schedule to this Order, shall, for the purposes of the Constitution, be deemed to be Scheduled Tribes in relation to the Union territory of Goa, Daman and Diu so far as regards members thereof resident in that Union territory.

2A. Notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall be deemed to be a member of any Scheduled Tribe.";

(b) for the Schedule, substitute—

"THE SCHEDULE

Dhodia Dubla, Halpati, Talavia Naikda, Nayaka Siddi Varli.".

1. 2. 3. 4. 5.

CHAPTER VI

In the Constitution (Scheduled Tribes) (Uttar Pradesh) Order,

1967,—

(a) for paragraph 2, substitute—

"2. The tribes or tribal cotnmunities or parts of or groups within tribes or tribal communities specified in * * * ** the Schedule to this Order * * * shall, for the purposes of the Constitution, be deemed to be Scheduled Tribes in relation to the State of Uttar Pradesh so far as regards members thereof resident in that State.

2A. Notwithstanding anything contained in paragraph 2, no person, who has given up tribal faith or faiths and has embraced either Christianity or Islam, shall be deemed to be a member of any Scheduled Tribe."; (b) for the Schedule, substitute—

"THE SCHEDULE

UTTAR PRADESH

1 2.

3 4.

. Agaria . Baiga . Bhil . Bhotia; Bhota, Jad, Jauharia, Mana, Marchha, Nitiwal, Shauka, Tolchha

5. 6.

Bhuiya; Bhuiyar Buksa , Chero

7. 8.

9. 10.

11. 12.

13.

Gond; Dhuriya, Nayak, Ojha, Pathari, Rajgond Khairwar Korwa (in the Mirzapur district south of the Kaimur range) Kol Majhwar Oraon Dhangar (in the Mirzapur district south of the Kaimur range)

14. 15. 16.

17.

Parehiya; Parahaiya Raji; Banrawat, Banmanus Saharia; Saharia Rawat Tharu.

The following tribes of Jaunsar-Bawar Pargana in Dehradun District, Rawain Pargana in Uttar Kashi District and Jaunpur Pargana in Tehri Garhwal District:—

18. Bajgi; Auji, Chanorm Beda, Darzi, Dhake, Diyad, Hurkiya, Turi, Nai Jhumaria

19.

20. 21. 22.

23. 24.

25.

26.

27.

28.

29.

30.

31. 32.

33.

Barhai; Badi, Mistri, Ode Chamar Chura Dhaliya Dorm; Doom Jogi; Jogra, Nath Julaha; Varav Koli; Koi Kolta Kumhar Luhar Pari Ruriya Sunar Tamota.".

S. L. SHAKDHER,

Secretary.

rWNTBD BY THE GENERAL MANAGER, GOVERNMENT OF INDIA PREM. MWTO ROAD,

I IW B1LHI AND PUBLISHED BY TH1 MANAOIR OF PUBLICATIONS, DELHI. 1970