Nilgiris Biosphere Reserve - Equitable Tourism Options

116. renewal of lease is fresh grant of lease and therefore, any transfer
stands prohibited.
117. Transfer of mining lease to non-tribals, company, corporation aggregate
or partnership firm etc is unconstitutional, void and inoperative. State
instrumentality's like APMDC stands excluded from prohibition.
129. In the absence of total prohibition in some states with scheduled Areas,
Committee of Secretaries and State Cabinet Sub committees should be
constituted and decision taken thereafter.
131. Conference of all Chief Ministers, Ministers holding the Ministry
concerned and Prime minister, and central Ministers concerned should take
a policy decision for a consistent scheme throughout the country in respect
oftribal lands.
An Overview ofthe Fifth Schedule and the Provisions of the
Panchayats (Extension to the Scheduled Areas) Act, 1996
Bhubneshwar Sawaiyan
Coordinator
Indian Confederation of Indigenous and Tribal Peoples (ICITP)
New Delhi
India
Paper submitted at
Indigenous Rights in the Commonwealth Project
South & South East Asia Regional Expert meeting
India International Centre
New Delhi, India
11-1310 March 2002
Introduction
The Fifth Schedule is the constitutional provision with reference to the
administration and development of the Scheduled Areas and Scheduled
Tribes in India. The Schedule has been framed to protect of the rights of the
Adivasis on their land, forest and water as their natural rights. On December
24th, 1996, the Government of India enacted the Provisions of the
Panchayats (Extension to the Scheduled Areas) Act, 1 996, otherwise known
as PESA. Prior to these constitutional provisions, the Constitution of India
had certain provisions concerning the tribal people in the country. At the
international level the Government of India has agreed in principle to ratify
the International Covenants such as ILO Conventions no. 107, and the UN
Declaration on the Right to Development. The ILO Convention no.
95 Nilagiris : Fading Glory