29621235499bb31d 24 2962 Local Governance Fifth and Sixth Schedule Areas and Cooperative Societies

QUICK REVISION MODULE
(UPSC PRELIMS 2024) Polity

LOCAL GOVERNANCE -
FIFTH and SIXTH SCHEDULE
AREAS & COOPERATIVE
SOCIETIES
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AHMEDABAD | BHOPAL | CHANDIGARH | DELHI | GUWAHATI | HYDERABAD | JAIPUR | JODHPUR | LUCKNOW | PRAYAGRA J | PUNE | RANCHI | SIKAR 8468022022
www.visionias.in
SCHEDULED AND TRIBAL AREAS

Article 244 in Part X of the Constitution envisages a special system of
administration for certain areas designated as
SCHEDULED AREAS TRIBAL AREAS

5th Schedule deals with 6th Schedule deals with
administration and control of administration of tribal areas in
scheduled areas and scheduled states of ATMM*.
tribes in any state except ATMM*.
*ATMM- Assam, Tripura, Meghalaya and Mizoram.
ADMINISTRATION OF SCHEDULED AREAS
The scheduled areas are treated differently as inhabited by ‘aboriginals’ who are socially and
economically backward and special efforts need to be made to improve their condition.
Declaration
The President is empowered to declare an area to be a scheduled area. He
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can also increase or decrease its area, alter its boundary lines, in
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Scheduled
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consultation with the Governor.

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Areas:
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Executive power of a State extends to the scheduled areas therein.

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Executive Governor has to submit a report to the President regarding the

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Power of administration of such areas, annually or whenever so required by the

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State and
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President.
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Centre:
Executive power of the Centre extends to giving directions to the states
regarding the administration of such areas.
Tribes Each state having scheduled areas has to establish a tribes advisory council.
Advisory It is to consist of 20 members, 3/4 th of whom are to be the representatives
Council: of the scheduled tribes in the state legislative assembly.
Law Governor is empowered to direct that any particular act of Parliament or the
applicable State Legislature does not apply to a scheduled area or apply with specified
to modifications and exceptions.
Scheduled
He can also make regulations for the peace and good governance of a
Area:
scheduled area after consulting the tribes advisory council.
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www.visionias.in
ADMINISTRATION OF TRIBAL AREAS

The Constitution, under Sixth Schedule, contains special provisions for the administration of
tribal areas in the four north-eastern states of Assam, Meghalaya, Tripura and Mizoram.
THE VARIOUS FEATURES OF ADMINISTRATION

CONTAINED IN THE SIXTH SCHEDULE
The tribal areas in the four states of Assam, Meghalaya, Tripura and Mizoram have been
constituted as autonomous districts. But they do not fall outside the executive authority of
the State concerned.
Governor is empowered to organize and reorganize the autonomous districts.
If there are different tribes in an autonomous district, the governor can divide the district
into several autonomous regions.
Each autonomous district has a district council consisting of 30 members, 4 nominated by the
Governor and the remaining 26 are elected on the basis of adult franchise. Each autonomous
region also has a separate regional council.
Note: The elected members hold office for term of five years and nominated members
hold office during the pleasure of the governor.
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The district and regional councils can make laws on matters like land, forests, canal water,
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shifting cultivation, village administration, inheritance of property, marriage and divorce,

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social customs etc .

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Note: But all such laws require the assent of the governor.
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The district and regional councils can constitute village councils or courts for trial of suits
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and cases between the tribes. They hear appeals from them. The jurisdiction of high court over
these suits and cases is specified by the government.
The district council can establish, construct or manage primary schools, dispensaries, markets,
ferries, fisheries, roads and so on in the district.
The district and regional councils are empowered to assess and collect land revenue and to
impose certain specified taxes.
The acts of Parliament or the state legislature do not apply to autonomous districts and
autonomous regions or apply with specific modifications and exceptions.
The Governor can appoint a commission to examine and report on any matter relating to
the administration of the autonomous districts or regions.
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www.visionias.in
Comparing 5th and 6th Schedule
BASIS 5th Schedule 6th Schedule
Applicability Andhra, Telangana, Jharkhand, Assam,Meghalaya, Tripura, Mizoram.

Chattisgarh, Odisha, HP, MH, MP,
GJ, RJ.
Note: Any States except Assam,
Meghalaya, Tripura, Mizoram.
Declaration By President- can decrease, increase, By Governor- empowered to organize,

alter its boundary lines, in consultation reorganize autonomous districts.
with the Governor.
Executive States executive power extends to The tribal areas in the four states have
Power those areas. been constituted as autonomous
Centre extends to giving directions to districts.
the States. But they do not fall outside the
executive authority of the State
concerned.
Applicability Governor is empowered to direct that any Acts of Parliament or the State
of Law particular act of Parliament or the State Legislature do not apply to autonomous
Legislature does not apply to a scheduled districts and autonomous regions or
area or apply with specified modifications apply with specific modifications and
and exceptions. exceptions.
Autonomy Panchayats (Extension to Schedule Greater autonomy compared to 5th

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Areas) act 1996. Schedule.

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Self- governance through Gram Autonomous District Councils (ADC)

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Sabha for people living in 5th have much wider powers vis-à-vis
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Schedule Areas. Tribes Advisory Councils.

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COOPERATIVE SOCIETIES
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The 97th Constitutional Amendment Act, 2011 gave a constitutional status and protection to
co-operative societies. In this context, it made the following
three changes in the constitution:
It made the right to form co- It included a new Directive It added a new part IX-B in
operative societies a Principle of State Policy on the Constitution which is
fundamental right (Article 19). promotion of co-operative titled “The Co-operative
societies (Article 43-B). Societies” (Articles 243-ZH to
243-ZI).
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www.visionias.in
CONSTITUTIONAL PROVISIONS
Incorporation of Co-operative Societies: State legislature may make provisions for the
incorporation, regulation and winding-up of co-operative societies.
Number and Term of Members of Board: Board shall consist of such number of directors as
may be provided by the state legislature.
Note: The maximum number of directors of a co-operative society shall not exceed twenty-
one.
State legislature shall provide for the reservation of one seat for the SCs or the STs
and two seats for women on the board of every co-operative society.
The term of office of elected members of the board and its office bearers shall be
five years from the date of election.
Election of members of Board: Shall be conducted before the expiry of the term of the
board.
Note: Superintendence, conduct of elections shall vest in such body as may be provided by
the State legislature.
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AUDIT OF ACCOUNTS OF CO-OPERATIVE

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SOCIETIES
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The State legislature may Every co-operative society Every co-operative society
make provisions for the shall be audited by an auditor shall file returns, within six
maintenance of accounts by or auditing firm, appointed by months of the close of every
the co-operative societies the general body of the co- financial year, to the
and the auditing of such operative society. authority designated by the
accounts at least once in State Government.
each financial year.
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QUICK REVISION MODULE

(UPSC PRELIMS 2024) Polity

SCHEDULED AND TRIBAL AREAS

SCHEDULED AREAS TRIBAL AREAS

*ATMM- Assam, Tripura, Meghalaya and Mizoram.

ADMINISTRATION OF SCHEDULED AREAS

consultation with the Governor.

Executive power of a State extends to the scheduled areas therein.

Executive Governor has to submit a report to the President regarding the

Power of administration of such areas, annually or whenever so required by the

ADMINISTRATION OF TRIBAL AREAS

THE VARIOUS FEATURES OF ADMINISTRATION

Governor is empowered to organize and reorganize the autonomous districts.

shifting cultivation, village administration, inheritance of property, marriage and divorce,

social customs etc .

Comparing 5th and 6th Schedule

BASIS 5th Schedule 6th Schedule

Applicability Andhra, Telangana, Jharkhand, Assam,Meghalaya, Tripura, Mizoram.

Declaration By President- can decrease, increase, By Governor- empowered to organize,

Autonomy Panchayats (Extension to Schedule Greater autonomy compared to 5th

Areas) act 1996. Schedule.

Self- governance through Gram Autonomous District Councils (ADC)

Schedule Areas. Tribes Advisory Councils.

AUDIT OF ACCOUNTS OF CO-OPERATIVE

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