Nilgiris Biosphere Reserve - Equitable Tourism Options

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among members of the Scheduled Tribes in such area; (b)regulate the allotment of land to members of the Scheduled Tribes in such area; (c)regulate the carrying on of business as money-lender by persons who lend money to members ofthe Scheduled Tribes in such area. (3)ln making any such regulation as is referred to in subparagraph (2) of this paragraph, the Governor ***.3 may repeal or amend any Act of Parliament or of the Legislature of the State or any existing law which is for the time being applicable to the area in question. (4)AII regulations made under this paragraph shall be submitted forthwith to the President and, until assented to by him, shall have no effect. (5)No regulation shall be made under this paragraph unless the Governor ***.4 making the regulation has, in the case where there is a Tribes Advisory Council for the State, consulted such Council. PART C-SCHEDULED AREAS 6.Scheduled Areas.-(1) In this Constitution, the expression "Scheduled Areas" means such areas as the President may by order .1 declare to be Scheduled Areas. (2) The President may at any time by order.2 - (a)direct that the whole or any specified part of a Scheduled Area shall cease to be a Scheduled Area or a part of such an area; [(aa). 3 increase the area of any Scheduled Area in a State after consultation with the Governor of that State;] (b )alter, but only by way of rectification of boundaries, any Scheduled Area; (c)on any alteration ofthe boundaries of a State or on the admission into the Union or the establishment of a new State, declare any territory not previously included in any State to be, or to form part of, a Scheduled Area; [(d) rescind, in relation to any State or States, any order or orders made under this paragraph, and in consultation with the Governor of the State concerned, make fresh orders redefining the areas which are to be Scheduled Areas;] and any such order may contain such incidental and consequential provisions as appear to the President to be necessary and 93 Nilagiris : Fading Glory
proper, but save as aforesaid, the order made under sub-paragraph (1) of this paragraph shall not be varied by any subsequent order. PART D-AMENDMENT OF THE SCHEDULE 7. Amendment of the Schedule.-(I) Parliament may from time to time by law amend by way of addition, variation or repeal any of the provisions of this Schedule and, when the Schedule is so amended, any reference to this Schedule in this Constitution shall be construed as a reference to such Schedule as so amended. (2)No such law as is Mentioned in sub-paragraph (1) of this paragraph shall be deemed to be an amendment of this Constitution for the purposes of article 368. SAMATA JUDGMENT Samata, an NGO working in the scheduled tribal area of Andhra Pradesh, filed a case against the state government of Andhra Pradesh. This case was against the Government of AP. for leasing out tribal lands to private mining companies in the Scheduled areas. The case (SLP) filed in the Supreme Court of India led to a historic judgement in July 1997 by a three judge-bench. The Judgement declared that the Government is also a "Person" and that: All lands leased to private mining companies in the scheduled areas are null and void. Some features of the judgement are: 94. By the Constitution [73rd Amendment] Act, 1992 .... every Gram Sabha shall be competent to safeguard and preserve ... community resources" . .... . clause (m) (iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawful alienation of land of a Scheduled Tribe ... 110. Minerals to be exploited by tribals themselves either individually or through cooperative societies with financial assistance of the State. 112. in the absence of total prohibition, the court laid down certain duties and obligations to the lessee, as a part of the project expenditure. 114. At least 20% of the profits as permanent fund for development needs apart for m reforestation and maintenance of ecology. 115. Transfer of land in Scheduled Area by way of lease to non-tribals, corporation aggregate, etc stands prohibited. -- NiJogiris : Fading Glory 94
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Nilgiris Biosphere Reserve:
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Foreword The Nilgiris Biosphere Res
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Location Area (hectares) Total Core
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NILGIRI BIOSPHERE I'# .. mp"t.'.i"n
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Eco-development programmes are envi
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Consisting entirely of notified Res
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Moreover, the destinations for ecot
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some cases sand is pumped onshore a
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commodification of natural resource
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This is also known as 'Devarayapatt
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anging from RS.900 to RS.1 S00 per
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Bamboo bangs charges Rs. 1800 per d
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Observations of the Local Community
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• While only 21% of locals expres
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+ 15% resort use firewood for heati
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Demographic profi le: A total of ab
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after having been approved by the I
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Amount Accom modation Services Grad
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When this failed the government dec
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culturally appropriate, and equitab
Page 41 and 42: Sanctuary provided U/s 27, 28, 32,
Page 43 and 44: The state government should have su
Page 45 and 46: The centre has recently passed a la
Page 47 and 48: Organisation. The Convention was fo
Page 49 and 50: fragile riparian and mountain ecosy
Page 51 and 52: II. National Biodiversity Strategy
Page 53 and 54: tourism; coastal impact of tourism
Page 55 and 56: partnerships with both private and
Page 57 and 58: The focal event of lYE was the Worl
Page 59 and 60: The draft Global Code of Ethics for
Page 61 and 62: and foreign firms could be ruled as
Page 63 and 64: SELF GOVERNING MANAGEMENT SYSTEMS (
Page 65 and 66: 4. Legal experts 5. Architect and u
Page 67 and 68: From the side of the tourism indust
Page 69 and 70: I"Ajili'lil'Mi issues in NBR THE SO
Page 71 and 72: 1955. The Government of Karnataka d
Page 73 and 74: Once the IPs are thrown out, the fo
Page 75 and 76: up huts was the homeland of differe
Page 77 and 78: !I..'C\61U Frame1(Vorks DRAFT NATIO
Page 79 and 80: Formal education: Formal education
Page 81 and 82: Tribal people, who are self reliant
Page 83 and 84: • Additional financial assistance
Page 85 and 86: shifting cultivation has been in vo
Page 87 and 88: Books and other publications in tri
Page 89 and 90: As the schemes meantfor improving t
Page 91: PART B-ADMINISTRATION AND CONTROL O
Page 95 and 96: 169, is yet to be ratified by the G
Page 97 and 98: persons affected by such projects i
Page 99 and 100: proposal would be made which shall
Page 101 and 102: assertion pertaining to their right
Page 103 and 104: Notes : ............... n •••
Page 105: Equitable Tourism Options th 23/25,
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