Administration of Tribal Areas

Q.  Which of the following are true?

1) District Councils can make regulations to control trading with non-tribal population.
2) District Council can establish and manage waterways in the district.
3) For Meghalaya, Governor decides applicability of acts of Parliament to autonomous regions.
4) There are maximum 4 nominated members in District Council.

- Published on 10 Mar 17

a. 1, 2, and 4
b. 1, 2 and 3
c. 1 and 3
d. All of the above

ANSWER: 1, 2, and 4
 
    Features of Sixth Schedule -

  • As per provision 1, the tribal areas in Assam, Meghalaya, Tripura and Mizoram will be constituted as autonomous districts.

  • However, they lie within the executive authority of the concerned state.

  • The Governor can include or exclude any area from the list of tribal areas or can increase or diminish the size, change the names, re-draw boundaries, etc of tribal areas.

  • If there are different Scheduled Tribes in an autonomous district, the Governor may, by public notification, divide the area or areas inhabited by them into autonomous regions.

  • There shall be a District Council for each autonomous district having maximum 30 members, out of which maximum 4 members would be nominated by the Governor.

  • The rest shall be elected on the basis of adult suffrage for a term of five years (unless the council is dissolved earlier).

  • The nominated members hold the office during the pleasure of the Governor.

  • There shall be a separate Regional Council for each area constituted as an autonomous region.

  • Areas under respective jurisdiction of the district and regional councils are administered by them.

  • They can make laws on certain specified matters like land, forests, shifting cultivation, village administration, canal water, etc. However these laws still require the assent of the Governor.

  • The district councils and regional councils can constitute village councils.

  • They can even establish courts for trial of suits and cases between people of Scheduled Tribes.

  • The extent of jurisdiction of high court over these suits and cases is decided by the Governor.
  • The district council can establish, construct or manage primary schools, dispensaries, markets, etc., in the district.

  • With the governor assent they can even make regulations for the control of money lending and trading by non-tribals.

  • The district councils and regional councils shall have power to assess and collect land revenue and to impose certain mentioned taxes.

  • No Acts of Parliament or the concerned state legislature would apply to autonomous districts and autonomous regions of the concerned state.

  • They may apply with specified modifications and exceptions.

  • This application is decided by the President or the Governor.

  • For Assam the Governor decides in respect of acts of both Parliament and State Legislature.

  • For Meghalaya, Tripura and Mizoram, President decides for acts of Parliament and governor decides for acts of State Legislature.

  • The Governor may at any time appoint a commission to examine and report on any matter specified by him relating to the administration of the autonomous districts or autonomous regions.

  • This also includes dissolution of a district council or regional council on the recommendation of such a commission.

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