The National Commission for Scheduled Tribes (NCST) is upset that two important bills that would affect tribals have got the cabinet’s nod without incorporating suggestions given by the panel.

 The National Commission for Scheduled Tribes (NCST) is upset that two important bills that would affect tribals have got the cabinet's nod without incorporating suggestions given by the panel.

Tribal panel chief protests bill snub

PHEROZE L. VINCENT

New Delhi, Oct. 16: The National Commission for Scheduled Tribes (NCST) is upset that two important bills that would affect tribals have got the cabinet's nod without incorporating suggestions given by the panel. "The ministries of mines and rural development failed to consult the NCST as mandated by the Constitution," commission chairman Rameshwar Oraon told The Telegraph. Secretaries of both ministries had met Oraon, but what the NCST chief meant was the final drafts of the bills — one on acquisition of land and rehabilitation and the other on mining and local development — were not sent to the commission before they were forwarded to the cabinet. "We still haven't received copies of the drafts from them," Oraon said. On why he had not sent to the NCST the draft of the acquisition bill the rural development ministry introduced in the Lok Sabha on September 7, minister Jairam Ramesh said: "We sent it to the ministry of tribal affairs (the NCST's parent ministry). Mr Oraon is always free to send his comments to the standing committee or to me." In an email to this correspondent, Anil Subramaniam, an undersecretary in the mines ministry, said most of the suggestions the previous NCST chairman, Maurice Kujur, had given in 2010 had been incorporated in the Mines and Minerals (Development and Regulation) (MMDR) Bill. "In continuation, three meetings have so far been held with the NCST with the secretary (mines) on July 25, 2011, August 17, 2011, and September 15, 2011. A copy of the draft MMDR Bill, 2011, as finalised by the group of ministers in its meeting held on July 7, 2011, was also sent to the NCST on September 30, 2011," he said. The Land Acquisition, Rehabilitation and Resettlement Bill (LARR), 2011, proposes to replace the Land Acquisition Act, 1894, with a comprehensive law for acquiring land and adequate rehabilitation mechanism for affected persons. The other proposed legislation, the MMDR Bill, which got the cabinet's nod on September 30, deals with sustainable mining and local development. Oraon doesn't want land to be taken away from tribals. "Don't take away ownership of land from tribals. Take land on lease so it can be restored to its original inhabitants after the operations end," he said. Minutes of meetings the NCST held with the two ministries reveal serious reservations on the two bills. According to the minutes of Oraon's meeting with mines secretary Vijay Kumar on July 25, the NCST objected to the proposed District Mineral Fund because of "the potential for diversion to other proposals". The proposed Mineral Fund is a trust to administer funds for sharing profit between mining companies and local people. The NCST "preferred direct payment to affected people". The NCST also recommended equity sharing with tribals and inclusion of gram sabhas/district councils in framing the mining plan. On September 16, the NCST had discussed the land acquisition bill at a meeting. One observation, according to minutes of that meeting, says "it would be appropriate to simultaneously legislate special provisions for acquisition of land in Scheduled Areas instead of leaving adaptation of the same entirely to the wisdom and zeal of the Tribal Advisory Councils/governors of the concerned states". Scheduled Areas are tribal areas included in Schedule V and VI of the Constitution. The NCST was formed in 2004 after bifurcation of the National Commission for Scheduled Castes and Scheduled Tribes. It has the powers of a civil court to issue summons and even warrants. It looks into all issues affecting tribals and follows up complaints of crimes or discrimination against them. Besides its chairman Rameshwar Oraon, who is a Congress leader and a former IPS officer, the other members of commission are K. Kamala Kumari and Bheru Lal Meena. http://www.telegraphindia.com/1111017/jsp/frontpage/story_14632165.jsp