Lok Sabha Question No. 5167 (UNSTARRED), answered on 2022-04-04
Subject: ST Status of H.P. and Uttrakhand
Ministry: TRIBAL AFFAIRS
Asked by: Pratibha Singh

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO-  5167

TO BE ANSWERED ON- 04/04/2022

## ST STATUS OF H.P. AND UTTRAKHAND

## 5167.  SHRIMATI PRATIBHA SINGH:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)  whether the Trans Giri Area of Himachal Pradesh has been granted the  status of Tribal Affairs;
- (b)    if so, the details thereof;
- (c)    whether the State Government of Himachal Pradesh has taken up this  matter with Union Government;
- (d)    if so, the details thereof;
- (e)    whether it is a fact that Jaunsai-Bawar of Uttrakhand has been granted the status of Tribal Area; and
- (f)   if so, whether the tribals of Sirmaur district of Himachal Pradesh are still   deprived off the status depite the entire area being part of Sirmaur Princely State if so, the reasons therefor ?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS ( SHRI BISHWESWAR TUDU )

(a) to (d) : The provisions of Article 244 of the Constitution enables designation of certain areas as Scheduled and  Tribal  Areas  and  for  their  administration.   The  Constitution  provides  for  two  types  of  areas,  areas designated as 'Scheduled Areas' in terms of Fifth Schedule of the Constitution and areas designated as 'Tribal Areas'  in  terms  of  Sixth  Schedule  of  the  Constitution.  According  to  the  Constitutional  provision  of  Fifth Schedule under Article 244 (1) of the Constitution of India the expression 'Scheduled Areas' means such areas as  the  President  may  by  order  declare  to  be  Scheduled  Areas.   Specification  of  a  Scheduled  Area  or modification  of  an  existing  Scheduled  area  is  done  after  consultation  with  the  Governor  of  that  State  and through notification issued with the approval of the President of India. The 'Tribal Areas' are designated in terms of Article 244(2) of the Constitution of India read with Sixth Schedule of the Constitution of India.

The  State  Government  of  Himachal  Pradesh  submitted  a  proposal  for  notifying  entire  Trans-Giri  area  of Sirmour district,  Dodra  Kwar  Sub-Division  of  Shimla  district,  15/20  areas  of  Shimla  and  Kullu  districts  as Scheduled Areas in Himachal Pradesh.

For declaration of Scheduled Areas the criteria followed are -  preponderance of tribal population, compactness and reasonable size of the area,   a viable administrative entity such as a district, block or taluk, and   economic backwardness of the area as compared to neighboring areas.

The proposal was examined in the Ministry and could not be considered due to want of requisite criteria, as mentioned above. Accordingly, the State Government of Himachal Pradesh was intimated that the proposal in the current form for declaration of Scheduled Areas could not be considered.

- (e) :   As  per  available  record  neither  the  'Scheduled  Areas'  under  Article  244(1)  of  Fifth  Schedule  of  the Constitution,  nor  the  'Tribal  Areas'  under  article  244(2)  of  Sixth  Schedule  of  the  Constitution  have  been notified in the State of Uttarakhand so far.

- (f) : Same as mentioned against (a) to (d) above.

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