RE: Difference between Schedule 5 and Schedule 6

[Ranjith]

<Change in subject line “Difference between Schedule 65 and Schedule 76”>

 

From: Ranjith [mailto:ranjith...@gmail.com]
Sent: 31 January, 2013 12:39 PM
To: 'GandhiI...@googlegroups.com'
Subject: Difference between Schedule 6 and Schedule 7

 

Hi,

 

As Hemanth mentioned, we can make this forum to share our thoughts/useful information(along with current affairs articles).

 

 

I’ll start with the one which I was confused with!! I tabulated the differences between two schedule-5 and schedule-6 provisions. Please have look and provide your inputs/share your ideas regarding those schedules, so that we can have a better understanding.

 

Please find attachment to know more about 5^th and 6^th schedules.

 

Thanks,

Ranjith

 

	Schedule 5 Article 244(1)	Schedule 6 Articles 244(2) and 275(1)
	It includes all the states except Assam, Megalaya, Mizoram & Tripura	This is only for the states Assam, Megalaya, Mizoram & Tripura
	Executive power of a State extends to the Scheduled Areas	Limited executive power/control of state.
	Governor has to send reports to the President regarding the administration of Scheduled Areas	In this case it is not required(as it has governing body).
	Tribal Advisory council can be formed (Advisory body and no elected members)	Autonomous districts councils and for those districts, regional councils can be formed (Governance body with elected members)
	“ Panchayats (Extension to theScheduled Areas) Act, 1996 (PESA,1996)” is applicable (as of now to the tribal areas of nine States, namely, Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Maharashtra, Madhya Pradesh, Orissa & Rajasthan)	As of now PESA act is not applicable to Schedule 6 areas. (because of their own Autonomous councils for governance.)
	Scheduled Areas of Article 244(1) are notified as per the Fifth Schedule	Tribal Areas of Article 244(2) are notified as per the Sixth Schedule.
	President can notify/modify a scheduled area in any part of the india(not in the schedule 6 states)	Governor(of schedule 6 states) can form/alter autonomous districts and autonomous regions.
	They can’t make laws/rules, but governor has to check the applicability of the central/state laws to the schedule areas.	District or the Regional Council may after its first constitution make rules with the approval of the Governor.
	Prior recommendation of Panchayats (Under PESA act) for exploiting/leasing of minor minerals.	All the minerals or in case some activities can be performed by state governments only after the approval of district/regional councils.

 

 

 

Under Schedule 6

 

PART I

1.            The North Cachar Hills District.

2.            The Karbi Anglong District.

    3.        The Bodoland Territorial Areas District.

PART II

1.            Khasi Hills District.

2.            Jaintia Hills District.

3.            The Garo Hills District.

PART IIA

                Tripura Tribal Areas District

PART III

* * *

1.            The Chakma District.

2.            The Mara District.

3.            The Lai District.

 

Under Schedule 5

 

S.No.	Name of Order	Date of Notification	Name of State(s) for which applicable
1.	The Scheduled Areas (Part A States) Order, 1950 (C.O.9)	26-01-1950	Andhra Pradesh
2.	The Scheduled Areas (Part B States) Order, 1950 (C.O.26)	07-12-1950	Andhra Pradesh
3.	The Scheduled Areas (Himachal Pradesh) Order, 1975 (C.O.102)	21-11-1975	Himachal Pradesh
4.	The Scheduled Areas (States of Bihar, Gujarat, Madhya Pradesh and Orissa) Order, 1977 (C.O.109)	31-12-1977	Bihar, Gujarat, Madhya Pradesh and Orissa
5.	The Scheduled Areas (State of Rajasthan) Order, 1981 (C.O.114)	12-02-1981	Rajasthan
6.	The Scheduled Areas (Maharashtra) Order, 1985 (C.O.123)	02-12-1985	Maharashtra

 

 

[revanth kumar]

One of the most basic differences is :
Schedule 5 deals with areas which are backward and Schedule 6 deals with areas inhabited by Native Tribes.
Also, as pointed out in the chart..PESA is applicable to only Schedule 5 areas (which was just a statutory Act) but if we want to extend PESA to Schedule 6 areas it becomes a Constitutional Amendment.
Also, We cannot buy the land owned by people of Schedule 6 areas

Those are some of the differences which I know...Please throw light on some others...

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[revanth kumar]

One more point...
We cannot add new states to Schedule 6 unlike Schedule 5...we can keep on adding new areas to Schedule 5...there was recently one ...6 districts of Karnataka (117th amendment I believe..)
Even in case of Telangana...centre is considering that option to include in Schedule 5 (from some reports)

[Ranjith]

Thanks Revanth for sharing your knowledge.. J And in case of Telangana, already there are some of the areas which are included in schedule 5. I think the proposal is to make the state like “Gorkhaland Territorial Administration”(please correct me, if it is otherwise).

 

http://www.thehindu.com/news/states/andhra-pradesh/centre-looking-at-gorkhaland-model-for-telangana/article4329807.ece

 

Thanks,

Ranjith

[hemanth_bujee]

The areas under Schedule 6 are  more autonomous (i.e. the district and regional councils can constitute village councils or courts,establish primary schools,dispensaries,roads etc) ,as compared to the areas under Schedule 5.

One more imp point is Schedule 5 includes not only administration and control of Schedule areas but also Schedule Tribes in any state(except assam,meghalaya,mizoram and tripura)

Friends,

todays current affairs from The hindu are as follows :

1.  John Kerry replaces Hillary Clinton as Secretary of State of US.

2.  In Science and Tech they have told about Pulsating Star which emits both radio and X-ray radiation in sync unlike before when it used to emit either X-Ray or radio frequencies.

Whats more imp is the findings include indian study from NCRA(National Centre of Radio Astrophysics-PUNE) who have used GMRT (Giant Meterwave Radio Telescope).

The other imp discovery was the hideout of dormant,nonreplicable and viable TB bacteria .This bacteria were found in a particlular kind of bone marrow MESENCHYMAL STEM CELLS.

3. In International relations , i found China is building three dams across the middle reaches Brahmaputra river (known as Yarlung Tsangpo in China) also known as Dihang or Siang in Arunanchal Pradesh.This Run-of-the river dams wont affect inflows into India.

In India NHPC is constructing Upper Siang Hydroelectric project on the Siang tributary of the Brahmaputra in Arunanchal Pradesh and the 2000 MW Lower Subansiri project on Subansiri,another tributary of the Brahmaputra on the Arunachal Pradesh-Assam border..

I wish more and more inputs can be shared from newspaper reading from exam point of view so that even if someone misses reading a newspaper he can get some idea from the gist that we all provide in this group..Requesting everyone to share their views and making use of this platform to decimate useful information.

Thanks,

Hemanth..

[revanth kumar]

Thanks for the inputs Hemanth and Ranjith ..

[hemanth_bujee]

Todays current affairs..

1. Delhi Sustainable Development Summit is an annual conference organised by The Energy and Resources Institute .The theme of which is THE GLOBAL CHALLENGE OF RESOURCE EFFICIENT GROWTH AND DEVELOPMENT.

2. From the editorial it was amply clear that IRAN and INDIA have to further bolster their ties for their own good..IRAN needs INDIA to buy their oil although INDIA has voted against IRAN in IAEA as US and EU has invoked sanctions on imports of oil from IRAN.INDIA needs to befriend IRAN because it will ensure that IRAN doesnt support the terrorist activities against India on its territory and India should have amicable relationship with its neighbours keepin in view the current escalting tensions with Pakistan.

3. Israeli parliament is known as KNESSET