Our Mission:"freedom from exploitation and poverty"
 
A.K.Balan
 
  Minister for Welfare of Backward Classes and Scheduled Communities
   
   
Notifications and Government orders

1. Housing grant
2. Oorukoottam
3. Stipend and Lump sum grant
 
   
   

   
 
 
 
     
Government of Kerala
Abstract
Scheduled Tribe Development Department- enhancement of rates of housing grant-orders-issued
 
Scheduled Caste and Scheduled Tribe Dev(B) Dept G.O.Rt.261/03/SCSTDD. Thiruvananthapuram, dt.20.3.2003
 
Read:1. G.O.(Rt)63/SCSTDED. DT.2.11.2002  
2. Rt 735/02/SCSTDD dt 12.11.2002  
3. Letter B1-9551/01 dt 21.1.2003 from the Director, Scheduled Tribe
Development Department		  
 
ORDER
  
     
In the Government-order read as first paper above the maximum cost per house constructed by the tribal Resettlement and Development Mission was fixed at 75,000/-and as per Government order read as 2nd paper it was ordered that houses will be provided to houseless Scheduled Caste families having 3 cents of land and the cost per house was fixed at Rs. 70,000/-
Tas matter has been examined by Government and it is hereby ordered that

a. Order issued in G.O.Rt.735/02/SCSTDD dt 12.11.2002 will be applicable to
     house constructed by the department for scheduled Tribes also.
b. In accessible areas the maximum cost per house can go up to 75,000/-
c. A minimum plinth area of 300Sq.ft for each house is to adopted while designing houses.     Facilities like     rooms, Veranda, Kitchen, latrine etc. should be provided.
d. Houses can be constructed adopting locally available technology to suit the needs and     aspirations of the     beneficiaries.
e. Farm houses can also be considered where they need provision for keeping livestock,      farm products etc.
   As far as possible the beneficiaries themselves should undertake the construction of their houses so as to provide more employment opportunities to them. But in cases where the beneficiaries are not capable of taking up the work themselves construction can be entrusted to some agency.
   Orders regarding norms for selection of beneficiaries and agency to whom the constructions of houses is to be entrusted in case beneficiaries are incapable of taking up the work will be issued separately.



GOVERNMENT OF KERALA ABSTRACT
Tribal Resettlement and Development - Constitution and Empowerment of Oorukoottam Orders issued.
SCHEDULED CASTE & SCHEDULED TRIBES DEV. (D) DEPT.
G.O(MS) 13/02/SCSTDD   DATED, Thiruvananthapuram, 27.03.2002
Read:1. The terms of agreement adopted by Government at the meeting between the Chief Minister and the representative tribal leaders on 16 Oct 2001.
2. G.O(MS) 40/2001 Planning & Economic Affairs (A) Department dated 8 October 2001.
3. G.O(P) No. 63/2001, SC/ST Development (D) Department dated 9 November 2001
4. Tribal Master Plan Document submitted - Note from Chief, Tribal Mission
   
ORDER
 1.  The Tribal Master Plan Document has recommended the formation of Oorukoottams on the model of Ooru Vikasana Samithy formed for the development of the Tribal settlement in Attappady by the Attappady Hills Area Development Society (AHADS) as the central agency for implementation of resettlement and development programs in each of the new settlements to be formed on lands to be allotted to landless tribal persons, and tribal persons who have less than one acre of land, who are below the poverty line, as agreed to by the Government, in the agreement read as 1" paper above. Government have also considered the recommendations of the Chief, Tribal Mission, constituted as per Government Order read as 3rd paper above. Government after considering all the matter in detail, issue the following orders.
 2.  In each of the blocks of lands identified for resettlement and development under the scheme envisaged above, at least one "Oorukoottam" shall be constituted. As far as possible, each such Oorukoottam shall be small enough for each member to be personally known to every other - the average size may be about 50, with none exceeding 100.
 3.  Lists of beneficiaries identified by District Collectors, or other official agencies, for resettlement in the areas being made available under these measures, shall be placed for scrutiny and acceptance by the Oorukoottams, if any, constituted from the Wards of Grama 1 Panchayats or Municipalities, formed under the Government Order read as second above, and having jurisdiction in the areas from which the beneficiaries are proposed to be drawn. These lists shall be displayed publicly in the localities from which the beneficiaries are selected, as well as in the localities where the lands proposed for distribution are situated. Objections, if any raised at this stage, shall be referred to the Oorukoottams, and their decisions shall be accepted, except in cases where any person to whom land is proposed to be allotted is proved to be not a member of a Scheduled Tribe, or to have already passed above the "poverty line". In cases where land is proposed to be allotted to a member of a Scheduled Tribe who has married a non-tribal, the land shall be allotted exclusively in the name of the spouse who belongs to the Scheduled Tribe.
 4.  As soon as the pattayams/title deeds are issued to the beneficiaries, and they are inducted into possession, a new body, to be known as the AdliyasjJ^kasanaJIkuiikoottam of the name by which the locality in which the lands allotted to them is known, shall be constituted. Every adult tribal member of each family of beneficiaries shall be entitled -to membership, subject to certain conditions as may be specified in the Model Memorandum of Association & Byelaws as appended to this order. Ooru Vikasana Samithy formed under AHADS shall be renamed as a Adivasi Vikasana Oorukoottam and shall be registered as per the model Memorandum of Association and Byelaws appended to this order. Other Oorukoottam in wards of Panchayat formed for development of Scheduled Tribe Community shall also be registered as per the model Memorandum of Association and model Byelaws appended to this order. Provisions of this order will apply mutatis mutandis to all such Oorukoottams also
 5.  Notwithstanding anything contained in the Government Order read second paper above, once such Oorukoottam is registered, all developmental works under the Tribal Sub Plan and odier programs of Government including those involving external funding shall be entrusted to the Oorukoottam for execution. If, for any reason, which should be rare, any other agency has to be employed, die reasons will be explained at a Special General Body Meeting of die concerned Oorukoottam, to be convened specifically for the purpose. Only after the informed consent of the Oorukoottam by majority vote is obtained shall any work in the area under the jurisdiction of the Oorukoottam be entrusted to any other agency.
 6.  No program, project, or work involving any type of occupation or use of the land comprised in the lands allotted to the tribal families, proposed by any Company, Corporation, Department of Government, or any agency Government controlled or otherwise, shall be implemented or executed in die lands comprised in die area allotted to the tribal families, without the prior informed consent of die Oorukoottam, expressed by a majority vote of its General Body in a Special Meeting convened for die purpose. The onus of proving that such consent has been obtained will be on the agency proposing to undertake the work.
 7.  The funds earmarked for works under the Tribal Sub Plan shall normally be used only for works falling within the jurisdiction of a traditional settlement or set of settlements of the tribal communities, or in the areas now being allotted, or in future to be allotted to landless tribal families under this scheme. For this purpose, the Oorukoottams being registered as Societies under this Government Order will also be included in the consultative mechanism envisaged in the Government Order read second paper above. In addition, in so far as any item of work under Tribal Sub Plan or other programs is proposed to be implemented in, or falls in the lands comprised in the jurisdiction of such Oorukoottams, it shall be undertaken only after the informed consent of the Oorukoottam is obtained, and after the Oorukoottam either agrees to work as the agency for its implementation, or consents to the appointment of or entrustment to any other agency.
 8.  Registered Oorukoottams may jointly undertake any project or scheme in which they have common interest
 9.  Registered Oorukoottams shall be recognised by all departments and agencies of Government as having been authorised to be representative bodies in so far as the development and welfare of its members are concerned, and shall, as'such, be invited to meeting, conferences, conventions etc., organised by such departments and agencies, for the consideration of matters relating to tribal development and welfare.
 10. Registered Oorukoottams shall also be considered as Non-Government Organisations, entitled to propose independent schemes and plans for development of their jurisdictional area, comprising of the land as well as the tribal members. Such programmes shall be considered for funding under the Tribal Sub Plan provisions, over and above proposals prepared and presented before the Working Groups at the District Level, constituted under the Government Order read 2"d paper above, even if they have not been routed through the 'local governments' mentioned in para 3, 4 of the said Government Order
 11. The Principal Secretary, Scheduled Caste and Scheduled Tribes Development (Chief, Tribal Resettlement & Development Mission) will prepare a scheme for the direct financial assistance from Government to the Registered Oorukoottams. Pending such direct financial assistance, the District Collectors are authorised to issue orders authorising payment directly to such Oorukoottams, for such works, and subject to such terms as may be imposed upon, and accepted by, such Oorukoottams.
 12. If, in the implementation of these orders, any doubt arises regarding any matter of details, then, the matter may be referred to the Convenor and the Vice-Chairman of the Empowered Mission Committee under the Chairmanship of the Chief Secretary
 
KERALA GAZETTE

PUBLISHED BY AUTHORITY

GOVERNMENT OF KERALA
Revenue (P) Department
NOTIFICATION
G. O. (P) No. 321/2001/RD. Dated. Thiruvananthapuram, 11th December, 2001
S. R. O. No. 1103/2001-In exercise of the powers conferred by section 7 of the Kerala Land Assignment Act, 1960 (30 of 1960), the Government of Kerala hereby make the following rules for assignment of Government land to the Scheduled Tribes, namely:-
RULES
  1. Short title and commencement:-(1) These rules may be called the Kerala Assignment of Government land to the Scheduled Tribes, Rules. 2001
    (2)It shall come into force at once.

  2. Definitions:-In these rules unless the context otherwise requires
    (a) "Act" means the Kerala Land Assignment Act, I960 (30 of I960).

    (b)"alienation" includes sale, gift, lease or licence, but does not include a bequest under a will in favour of the legal heirs or mortgage of land to nationalised banks or co-operative societies or government owned or approved agencies for securing loan for agricultural purposes

    (c)"assignee" means a Scheduled Tribe to whom land is assigned under these rules and includes his legal heirs or successors-in-interest.

    (d)"assign" means transfer of land by way-of registry and includes a lease and a grant of licence for the use of the land.

    (e)"beneficial enjoyment" means the enjoyment of land for purposes like providing road to the assignee's registered holdings and protection of his water-course, standing crops or building.

    (f)"Government land" shall for the purpose of these rules, consists of land belonging to Government and set apart for assignment to Scheduled Tribes.

    (g)"Scheduled Tribe" means the Scheduled Tribes referred to in clause (25) of Article 366 of the Constitution of India and shall include converts to other religions from Scheduled Tribes.
    (h)"State" means State of Kerala.

  3. Purpose for which land may be assigned to Scheduled Tnibes- Government land may be assigned under these rules to Scheduled Tribes in the State for the purpose of house sites, personal cultivation and beneficial enjoyment.

  4. Assigning Authority-The assigning authority for the purpose of these rules shall be the Tahsildar having jurisdiction over the area where the land is situated or any other officer authorised for the purpose by the Government.

  5. Extent of land to be assigned-(1) The extent of land to be assigned under these rule shall be determined by Government, from time to time, taking into account the availability of land in a particular area nature of land, number of members of the family and other similar factors.

    (2)On such determination under sub-rule (1) above, the Tahsildar having jurisdiction over the area where the land is situated or any other officer authorised by the Government in this behalf, shall publish the notification referred to in Section 4 of the Act, in the notice board of his office.

  6. Conditions of assignment on registry-(1) Government land granted on registry shall be heritable but not alienable.

    (2) The assignee or a member or his family or his successor-in-interest shall occupy and commence residence in the land assigned within a period of two months from the date of assignment on registry or issue of patta whichever is earlier and shall not transfer possession to any other persons.

    (3)The assignee shall not cut any tree standing in the land, assigned provided that this restriction shall not be applicable for cutting small timber for the construction or maintenance of small residential buildings or for making agricultural implements, with prior permission of the village officer having jurisdiction over the area where the land is situated.

    Explanation-Small timber does not include sandal wood, rosewood, ebony and teak.

    (4)If the Government consider that any trees standing in the land assigned is to be cut and removed for the proper utilisation of the land for cultivation, such trees may be cut and removed by the Government

    (5)The assignee shall become a member of an "Oorukuttam" if it exists or as and when it is formed, in the locality

    (6)The assignee shall not cultivate or use the land assigned, in violation of the restrictions or instructions issued,by the concerned authorities for ecological protection or for plant quarantine reasons

    (7)The assignee shall not do intensive tillage practice.

  7. Form of Order granting assignment on registry-The order granting assignment on registry shall be in Form A in the Appendix to these rules

  8. Issue of Patta-(1) In cases where registry is made, patta shall be issued in Form B in the Appendix to these rules. Where such patta is issued pending survey and demarcation, a note to the effect that the area noted in the patta is subject to revision after finalisation of the survey and demarcation, shall be mad in the patta. In such cases, when survey and demarcation is completed necessary modification, if found necessary, shall be noted in the patta by the assigning authority

    (2) The liability for land revenue or any tax shall arise with effect from the year of issue of the patta and any difference in the tax consequent on the change in extent after survey and demarcation, shall be adjusted to the future land revenue or any tax due from the assignee, if it is in excess of the land revenue or any tax due from the assignee, or be collected in lump if it is less than the land revenue or any tax due from the assignee.

    (3)The land revenue or any tax shall be liable to revision

    (4)The land shall also be subject to all general taxes and rates payable under any law or custom.

  9. Trees-The trees as described in the patta issued to the assignee shall be accounted for and preserved by the Revenue Department.The assignee shall afford all facilities to the officers of the Department for inspecting the land. periodically for checking the trees and for removing them if necessary or for any other purpose

  10. Land Value etc. not payable by the Assignee-No land value or survey and demarcation charges shall be payable by the assignee in respect of the land assigned to him.

  11. Cancellation of Registry-(1)The registry shall be liable to be cancelled for contravention of the provisions of these rules or for the reason that assignment of land was given under a mistake or obtained by wilful misrepresentation of facts by the assignee before the assigning authority


    (2)The authority competent to order such cancellation shall be the authority, which granted the registry or any other authority superior to it.

  12. Appeal-(1) An appeal against an order under rule 11 shall be to the immediate superior authority who cancelled the registry.

    (2)Appeal shall be presented within 3 months, from the date of receipt of the order appealed against by the aggrieved party.

    (3)The appellate authority may, in its discretion, admit an appeal not submitted within time, if sufficient ground exists for condoning the delay.

    (4)The appellate authority may confirm, vary or cancel the decision or order appealed against

    (5)No decision or order interferring with the original order shall be made in appeal, without giving the parties interested, a reasonable opportunity of being heard

    (6)Government may suo moto or on application of any party,revise, cancel or alter any order passed by the subordinate authorities:

    Provided that no such decision or order shall be revised, cancelled or altered without giving the party affected thereby, a reasonable opportunity of being heard
 
 
Grants From the State


B] Funds under Art. 275[1]
   The fund under Article 275[1] is an additive to normal Central Assistance from Govt of India. The grants will be essentially used for the creation and upgradation of critical infrastructure required in tribal areas to bring these areas at par with the rest of the developed areas. Accordingly these funds can be used for the generation of infrastructure such as schools, hospitals, quarters for employees working in tribal areas, development of growth centres in tribal areas with a view to support tribal economic growth etc.
   During the 10th plan Specific projects or schemes are prepared under article 275[1] which form an integral part of the overall TSP and be prepared along with the annual Plan of the State. At the time of finalisation of annual plan, the proposals for funds under article 275[1] also would be submitted to Government of India for approval. An integrated and holistic approach for preparing micro plans for ITDPs through multidisciplinary teams for effective targeting of project under Article 275[1]. Long term plans incorporating year wise and sector wise physical and financial component for utilisation of funds under Art. 275[1] as also for schemes under various Centrally Sponsored Programmes. The thrust area shall be identified in all ITDP's and DT areas including Primitive Tribal areas for the preparations of specific plan based on the felt needs of the tribals such as low literacy, poor health, critical gaps in irrigation, roads, power, forest etc.
   The critical areas identified in the State for more focussed utilisation of resources are given below.:-

1. Housing, resettlement and rehabilitation and the sustainable development     of     landless and other     BPL families identified.
2. Education with participation emphasis on high quality education which     ensures     all facilities to the     tribals. Professional and technical education will     be first     priority then during 10th plan.
3. Health care with emphasis on PTG's health care. All PHC's functioning in     tribal     areas will be     provided with quarters.
4. Drinking Water and Sanitation, Electrification with emphasis on tribal     families     living in forest     areas and emote pockets.
5. Improvement of entrepreneurial aptitude among the tribal families and     equip     them to start small     scale/cottage industrial ventures as their own.
6. Job oriented training programmes to educated tribal youths with emphasis     on     Information     Technology.
7. Special package programmes for the development of relatively backward     communities among the     tribals such as Adiya, Paniya, Oorali, Malapandaram,     Malavedar, Hill pulaya, primitive tribes etc.

   Under Article 275[1] the funds utilised for 3 items viz. treatment of peculiar diseases among the tribals, resettlement of nomadic tribals and for the development of forest villages. 75% of the Project cost is reimbursable under the provision. The State had been utilising funds under Art. 275[1] for the Mananthavady Health Project from 1990-91. Accordingly 107.01 lakh has been utilised for the project so far. From 1990-91 to 2001-02 Government of India released an amount of Rs. 462.54 lakhs under article 275[1]. Of this Rs. 200 lakh was meant for the construction of Model Residential Schools/ Ashram Schools, one at Pookot in Wayanad District and other in Idukky District.

Budget Provision of 2002-03 under Article 275[1]

Name of Scheme Total Outlay 2002-03 Proportion of article 275[1]
1. Idukky Health Project 20.00 15.00
2. Attappady Health Project 80.00 60.00
3. Primitive Tribes Housing 11.68 8.76
4. MRS Idukky[School Construction 100% under art.275[1] 100.00 100.00