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Protective Measures for Tribal Population :
The state of Himachal Pradesh is been full of variety. The variety also comes in terms of people that is various tribal system of the state. Many tribes resides over Himachal which have their own traditions and customs. Some of major tribes are Kinnauris Gaddis,Gujjars and Lahaulies. These tribes resides over different parts of Himachal especially in far remote area but nowadays the tribal people are residing all over Himachal. Tribes are rich in cultural heritage, the music, the dance, the dresses are so unique that visitors are mostly attracted to the tribes of Himachal. The tribes of Himachal has maintained the balance within Tradition and modern values and education. The tribes of Himachal are in mainstream now and their participation has increased now even in Himachal but also in Indian level.
Land Alienation :
Provision under The Himachal Pradesh Transfer of Land(Regulation) Act, 1968 states that no person belonging to Scheduled Tribe shall transfer his interest in any land including any constructed premises by way of sale, mortgage, lease, gift or otherwise to any person not belonging to such tribes except with the previous permission in writing of the State Govt. This has been done to prevent land alienation of vulnerable tribal communities through exploitative transactions with money lenders and other vested interests.
Money landing, debt relief and Bonded Labour :
Himachal Pradesh Registration of Money Lender Act, 1976 regulates money lending in the State which prescribes registration of money lenders and procuring of licenses for doing money lending business. Himachal Pradesh Relief of Agricultural Indebtedness Act, 1976 also provides relief from indebtedness to certain farmers, landless agricultural labourers and rural Artisans of the State. The Act has also put to an end Bonded Labour and any custom / traditions similar in arrangement.
Agriculture and Forest Sector Himachal Pradesh :
Tenancy and Land Reform Act, 1972 has put an end to all forms of tenancy except under certain legal disabilities and the law provides suo-moto conferment of propriety rights on such tenants and they are not required to apply for the same. The system of share-cropping is also non-existent. There are no forest villages in the State and minor forest produce exploitation is nationalized. The tribals have recorded rights to collect minor forest produce for their own consumption or sale thereof. Co-operative marketing societies also undertake sale of such forest produce.
Excise Policy :
The local population is allowed to manufacture country fermented liquor for home consumption and use on special occasions or to distil liquor from fruits and grains for home consumption but only after a license to this effect is obtained beforehand. This facility is available in all tribal areas except Bharmour.
Provision of Scheduled Areas under Fifth Schedule of Constitution :
In order to protect the interests of the Scheduled tribes, the provision of “Fifth Schedule” is enshrined in the Constitution under article 244 (2) which identifies certain areas with predominant tribal population that require special protection and measures for conserving their population and culture and provides an administrative arrangement to implement development programs in those areas. The criteria for declaring any area as a "Scheduled Area "under the Fifth Schedule are: Preponderance of tribal population, Compactness and reasonable size of the area, Available administrative entity such as district, block or taluk, and Economic backwardness of the area as compared to neighboring areas.
Panchayat Extension to Scheduled Areas (PESA) :
Act Pursuant to the Constitution (73rd Amendment) Act, the State of Himachal Pradesh passed a Panchayati Raj Act in 1994 (HPPRA). Since provision of the PESA did not extend to the state, in 1997, in accordance with the PESA its provisions were through an amendment in the State Panchayati Raj Act to bring into effect PESA to the Scheduled Areas of H.P through “The H.P. Panchayati Raj (Second Amendment) Act, 1997?. The Act was promulgated to protect the customs, rights and livelihoods of tribal communities through people-centric governance, planning & implementation, and control over resources.
By: Pooja Sharda ProfileResourcesReport error
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