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