Lok Sabha Question No. 2037 (UNSTARRED), answered on 2023-03-13
Subject: Sixth Scheduled Councils
Ministry: TRIBAL AFFAIRS
Asked by: Jamyang Tsering Namgyal

## GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA UNSTARRED QUESTION NO- 2037

TO BE ANSWERED ON- 13/03/2023

## SIXTH SCHEDULED COUNCILS

## 2037.  SHRI JAMYANG TSERING NAMGYAL:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether the Autonomous/  District/ Regional Hill Councils in the country plays a significant role in advancing the Governance and preservation of respective cultures, if so, details thereof, if not reason therefor;
- (b) the details of the status of Human Development Index, Per Capita Income, Infrastructures Development and Preservation of Cultures in both sixth Scheduled and Non Sixth Scheduled Councils' Status areas; and
- (c) the details of the  Governmental  records on assimilation and acculturation of both Sixth Scheduled and Non sixth Scheduled Council' status areas, if so, the details thereof and if not, the reason therefor?

ANSWER

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

- (a)  to  (c): The  provisions  of  Sixth  Schedule  under  Article  244  (2)  of  the  Constitution of  India,  as  informed  by  the  Ministry  of  Home  Affairs  applies  to  the  administration  of Tribal Areas in the States of Assam, Meghalaya, Tripura and Mizoram. It also provides for autonomous districts and autonomous regions in such areas for which notification  is  issued  by  the  Governor  of  respective  States.  The  powers  of  the  District Councils and Regional Councils to make laws are given in para 3 of the Sixth Schedule.

The  Government  of  Mizoram  informed  that    the  Autonomous  District  Councils  play  a significant role in advancing and preservation of their respective cultures i.e. Lai, Mara  and  Chakma  cultures.  The  Lai,  Mara  and  Chakma  Autonomous  District  Council were also entrusted various subjects/departments such as Agriculture, Animal Husbandry & Veterinary, Art & Culture, Co-operation, Education, Disaster Management, Relief & Rehabilitation, Fisheries, Horticulture, Industries, Local Administration Department, Minor Irrigation, Public Works Department, Public Health Engineering, Rural Development, Social Welfare, Soil Conservation, Sports & Youth Services, Sericulture, Transport, Urban Development & Poverty Alleviation and Forest. The Government of Meghalaya informed that the District Councils play an important role in the preservation of the indigenous cultures of the State. The role and  functions  of  the  District  Councils  is/are  confined  to  those  listed  in  Paragraph  3  of the Sixth Schedule which includes the appointment or succession of Chiefs or Headmen  of an administrative area/ areas, the inheritance of property, marriage and divorce and social customs. The District Councils legislate and pass Bills on these subjects from time to time, which become  law on the assent of the Governor. The Government of Tripura informed that Tripura Tribal Areas Autonomous District Council (TTAADC)  plays  an  important role in governance and preservation of tribal culture.  Tripura  TTAADC  was  set  up  by  an  act  of  State  legislature  in  the  year  1979 and  subsequently  it  was  brought  under  Seventh  Schedule  of  the Constitution of India with a view to fulfill the aspiration of the tribals to have autonomy to administer themselves in the majority tribal areas of the State. On  1st April 1985, the Council was  brought  under  the  provisions  of  the  Sixth  Schedule  of  the  Constitution  of  India  to entrust  more  responsibility  and  power  as  per  the  provisions  of  Article  244(2)  by  49th Amendment  of  the  Constitution.  TTAADC  is  comprised  of  28  elected  members  and  2 nominated  members  by  the  Governor  of  the  State  with  a  tenure  of  office  for  5  years. 25 MDC  seats  reserved for STs and 3 MDC  are  reserved for other candidates. At grass-roots level there are 587 Village Committees functioning as primary units as institutions of Local Self-Governance which are similar to the Gram Panchayats of non-ADC areas. 14 departments of the State Government are allocating fund to TTAADC for taking developmental activities. District Councils are constituted and administered as per TTAADC (Constitution, Election and Conduct of Business) Rules, 1985 and TTAADC  Administration Rule, 1988. The Government of Manipur informed that The  Autonomous  District Council in Manipur  is set up under the Act 'Manipur (Hill Areas) District Council Act, 1971' enacted by Parliament in the Twenty-Second Year of the Republic of India. The functions of District Council detailed in Section 29 of the Act has a little provision on role in advancing the governance and preservation of respective cultures namely, (a)appointment or succession of Chiefs, (b) inheritance of property, (c) marriage and divorce, and (d) social customs. There is no specific clause on assimilation and acculturation in The Manipur  (Hill  Areas)  District  Council  Act,  1971,  (Non-Sixth  Scheduled  Council)  areas.

The Ministry of Home Affairs also informed that the Ministry only deals with legislative aspects of the Autonomous  District Councils set up under Sixth Schedule in North-Eastern region and security related matter. Centralised data is not maintained on the status of Human Development Index, per capita income, infrastructure development and preservation of cultures in both sixth Schedule and Non Sixth Scheduled Councils' Status areas. the and acculturation  of  Sixth  Schedule  and  Non  Sixth  Schedule  areas  is  not  within  the  ambit in  Paragraph  3  of  the  Sixth  Schedule,

The preservation of culture by the District Councils is not included in Paragraph 3 of the Sixth Schedule. Thus, the aspects of assimilation of the functions of the District Councils  listed except in aspects as mentioned earlier.

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