18(b) Fifth And Sixth Schedule

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The Fifth and Sixth Schedules of the Indian Constitution provide protection to tribal populations on account of their cultural distinctness and economic disadvantages. The Fifth Schedule designates Scheduled Areas‟ in large parts of India in which the interests of the Scheduled Tribes‟ are to be protected. The scheduled” or “agency” areas have more than 50 percent tribal population. The Sixth Schedule applies to the administration of the states of Assam, Meghalaya. Tripura and Mizoram in the Northeast. This schedule provides for the creation of autonomous districts, and autonomous regions within districts as there of different Scheduled Tribes within the districts.

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It has provisions as to the Administration and Control of Scheduled Areas and Scheduled Tribes The major features of the Fifth Schedule are

• Provides for Tribes Advisory Council • Governor‟s powers to adapt laws passed by Parliament and State Legislatures to suit these areas

• making regulations for Scheduled Areas and • extension of the executive power of the union

Government to the giving of directions to a State for administration of Scheduled Areas.

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The Central Government provides special financial assistance to the states under Article 275 for implementing schemes for the development of scheduled tribes. The Fifth Schedule empowers the Governor of the concerned State to modify, annul or limit the application of any law made by Parliament or the State legislature to these Tribal areas the Governor is empowered to make regulations for the good governance of these areas. He may also make regulations-

• Prohibiting

or restricting transfer of land by or among members of STs;

• Regulate allotment of land to members of the STs and • Regulate business such as money lending in such areas. © 2013 UPSCPORTAL .COM

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The Sixth Schedule lays down details of the mechanism and institutions necessary for governing the autonomous districts‟ in Assam, Meghalaya, Tripura and Mizoram. They are directly under the control of the Governor who is responsible for their administration. The Schedule provides for constitution, powers and functions of District Councils and Regional Councils in these autonomous districts.

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The Councils are vested with legislative powers on specified subjects and are allotted certain sources of taxation. They have also been given powers to set up and administer their system of justice and maintain administrative and welfare services in respect of land, revenue, forests, education, public health etc.

An „In Principle‟ Memorandum of Settlement (MOS) was signed in 2005 between the Government of India, Government of West Bengal and Administration Darjeeling Gorkha Hill Council (DGHC) for creating an autonomous self governing Council under the Sixth Schedule to the Constitution for the hill areas of Darjeeling District within the State of West Bengal.

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