GOVERNMENT OF ANHDRA PRADESH

TRIBAL WELFARE DEPARTMENT

From To

Smt. M. Chayaratan, I.A.S, The District Collector,

Commissioner of tribal welfare Khammam.

Telugu Samkshema Bhavan,

Masab Tank, A.P,

Hyderabad- 500 026

Roc. No. 1186/94/TRI/Rly. Dt.19.5.1994

Sub: TWD-LTR 1/1959-Khammam District-Aswaraopet Mandal Auction of Cashew -Contrary to the provisions of LTR.1/59-The auction confirmed by the Vice-Chairman and Managing Director APFDC, Hyderabad clarification-Regarding.

Reg: 1. Your Lr.Rc.No.C1(M) 2845/93. Dt.19-11-1993.

I am to invite your attention to the reference cited and inform that A.P. Scheduled Areas Land Transfer Regulation, 1959, was extended to Aswaraopet Mandal with effect from 1.12.1963 by A.P. Scheduled areas laws (Extension and Amendment) Regulation, 1963, of immovable property by a person to any person other than Scheduled Tribe in the Scheduled Areas is null and void. The term immovable property under Sec.2(d) of the said regulation includes standing crops, timber and trees. In W.P. No. 3734/93 ( SAKTI vs Govt .) a Division Bench of A.P. High court held that 'person' includes Government Supreme court of Zindal in a case reported in AIR 1968 SC 360 held that the Government can not be excluded from the operation of a particular Act. The statute applies to a state too as much as it does to a citizen unless it expressly exempts the State from its operation.

In view of the above, the A.P. Forest Development Corporation Limited. Which is an undertaking of Government of Andhra Pradesh also constitutes a 'person'. Since the A.P. Forest Development Corporation Limited, is nor expressly exempted from the operation of A.P. Scheduled areas Land transfer Regulation, 1959 the provisions of Regulations 1 of 1959 will also apply to the operations of A.P. Forest Development Corporation Limited, in Scheduled areas. In view of the definition of the immovable property under the said Regulation which includes standing crops the open auction, of A.P. Forest Development Corporation Limited in which the right to collect and remove cashew fruit from cashew plantations situated in Naramvarigudem village of Aswaraopet Mandal situated in Scheduled area are null and void under Section 3(i) (a) of A.P. Scheduled areas Land Transfer Regulation, 1959.

Yours faithfully

Sd/-M.Chavaratan,

Commissioner of Tribal Welfare

//true copy//

SF.(LTR) (H4)

West Godavari Collectorate,

Eluru.Dt.16-6-94

Copy communicated to the Special Deputy Collector,(TR) K. R. Puram, Revenue Divisional Officer, Kovvur, Mandal Revenue Officer, Polavaram, Buttayagudem, Jeelugumilli for information and guidance in future,

Sd-B. Venkateswara Rao

For collector,

To

The above officers,

Copy to H1.Clerk

* The Tribal advisory council rejected the proposal of Industries and Commerce Department to allot land for Mining

Copy of the Minutes of the Tribal Advisory Council held on 15/9/94.

MINUTES OF THE ANDHRA PRADESH TRIBES ADVISORY COUNCIL MEETING HELD ON 15-09-1994 AT 11-00 A.M. AT

TELUGU SAMKSHEMA BHAVANAM.

MASAB TANK : HYDERABAD

1. The list of Members and special invitees and officers present are given in the Annexure. Welcoming the members and special invitees and officers, the Hon'ble Minister for Tribal Welfare and Chairman of Tribes Advisory Council initiated discussion on the agenda items.

2. The Commissioner of Tribal Welfare informed that the State Level Empowered Committee, headed by the Chief Secretary to Government in its meeting 30.3.94 in the chambers of the Chief Secretary took a decision to amend Andhra Pradesh Scheduled Area Land Transfer Regulation Act, 1959 in order to enable leasing of lands in the Scheduled areas for mining and for establishing industries particularly mineral based industries. The Committee advised that the proposal be placed before the A.P. Tribes Advisory Council for its recommendations. The matter was accordingly placed before the Tribes Advisory Committee.

The Secretary to Government, Industries and Commerce Department informed that some Australian companies are willing to take up mining on a large scale in A.P. Scheduled areas if lease is given. He further informed that Larson & Tourbo Ltd. Birla and some firms from Cuddapah are also willing to take up mining. In case L.T.R. is not amended they may go to other states. Secretary (TW) informed the Council that Principal Secretary (SW) has also suggested that smaller units in tribal cooperative sector could be thought of to which the Secretary, Industries informed that such large scale investment and the unhappy experiences in cooperative sector would not facilitate such ventures.

Sri Chandrasehar Raju, M.L.A., while quoting the example of Sagar Cement Factory near Salur, in Vizianagaram District expressed that no tangible benefits accrued to tribals except creating pollution in the area. He therefore, opposed the amendment to Land Transfer Regulation and suggested that the industries should be started by the Government by providing maximum employment to the tribals at all levels with major shares to tribals. Sri M. Bala Raju, M.L.A., felt that the tribals are not equipped to face the situation arising out of the establishment of private industries in tribal areas and that tribals are going to lose heavily. He also quoted the recent mishap occurred in Golugonda area in Visakhapatnam district as nobody too interested in advance, even though the smuggling was going on in these areas for two years. He further informed that the Andhra University informed that the Eastern Ghats are having good potential of precious stones yet no action is taken by the Government to exploit the wealth. He further quoted the examples of some industries , which after taking advantage of the subsidies and margin money, deliberately made their units sick and therefore, claiming further subsidies as sick units. He opposed amendment to L.T.R. Similarly, Members also informed that shops, cinema halls, hotels are being run or being proposed under non-tribals under benami names. They therefore opined that any amendment would give scope for large scale exploitation of such facility / opportunity by non-tribal there-by, not only denying tribals the access to such opportunities but would result in their exploitaion as well. They therefore suggested that government should establish the industries. Sri Chanda Lingaiah, Special invitee on the subject stated that protection afforded to tribals under L.T.R. would be vitiated and similar exemptions sought for, other purposes if any amendments were made and also requested that the L.T.R. should not be amended. Sri Surya Naik, Special invitee informed that the Prime Minister and the Chief Minister are striving for tribal development and Dr. Ambedkar provided for provisions in Constitution of India for protecting the interests of the tribal. He therefore, suggested for establishment of industries by Government or Tribal Cooperative and opposed amendment to L.T.R. Sri. P. Bala Raju, M.L.A., while opposing the amendment informed that there will be a large scale destruction of forests due to mining and sources of livelihoods for tribals will be destroyed. Sri G. Rama Rao, M.L.A. while agreeing with other members suggested that a discussion with opposition floor leaders from all parties may be held and no action should be taken to modify L.T.R. now, as people may agitate just as they did when I of 1990 (LTR) was tried to be amended.

The secretary to Government, Revenue Department informed that after the recent judgment W.P. No. 3734/93 ( SAKTI vs Govt .) , lands in scheduled areas cannot be leased even to public institution like banks and agencies like T.T.D .

The Commissioner of Tribal Welfare cautioned that even basic facilities like a proper cart track, housing, electricity etc. were being denied to local tribals due to stringent forest laws and without any attempt to amend forest laws, the proposal to open up tribal areas by amending LTR will send wrong signals to tribals. Therefore, it is necessary to amend the Forest Acts first and proved all required facilities, after gaining confidence of tribals and after they are equipped to avail such opportunities, perhaps a discussion could be stated with them on a subject of this sort.

3. The Minister for Tribal Welfare and Chairman of APTAC, informed that the tribal exploitation has increased in Bailadilla in Madhya Pradesh and in Andhra Pradesh also no benefit accrued to tribals from Bhadrachalam Paper Mills in Khammam district and Devapur Cement factory in Adilabad district. He therefore, suggested that we have to wait for a decade or so by which time we should be able to develop tribal technical man power that can be absorbed into the proposed industries. Otherwise it will result in influx of non-tribals and displacement of local tribals as happened elsewhere in the country.

All the members present have unanimously resolved to advice the Government not to amend the L.T.R.

The Secretary to Government, Revenue Department informed that there is no concept of State Festival in Endowments Department and therefore. Sammakka Jatara cannot be declared as a State festival. On this, the Secretary to Government, Tribal Welfare suggested that at least 50% of the amount collected during the Jatara may be given for providing facilities for Jatara. Lack of sufficient water and sanitary facilities.

ANNEXURE :

List of Members, Special invitees and Officers present

OFFICIAL MEMBERS:

1. Sri K. Bhim Rao,

Hon'ble Minster for Tribal Welfare

& Chairman, A.P.T.A.C.

1. Sri T. Munivenkatappa, IAS

Principal Secretary,

Social Welfare Department

1. Sri K.K. Bangar, IAS,

Secretary to Government,

Social Welfare (TW) Department

1. Smt. M. Chaya Ratan, IAS,

Commissioner of Tribal Welfare,

& Member Secretary, APTAC

1. Sri. T. Vijaya Kumar, IAS

Managing Director,

Girijan Coop. Corpn. (GCC)

NON-OFFICIALS

1. Sri Chandra Sekhara Raju, Satrucharla, M.L.A.
2. Sri Lakshmi Narsimha Sanyasi Raju, M.L.A.
3. Sri M. Bala Raju, M.L.A.
4. Sri P. Bala Raju, M.L.A.
5. Sri G. Rama Rao, M.L.A.

SPECIAL INVITEES :

1. Sri M. Surya Naik
2. Sri Hari Rathod
3. Sri Chanda Lingaiah

OFFICIALS (Special invitees) :

1. Sri N.S. Hariharan, I.A.S.

Secretary to Govt.

Industries & Commerce Dept.

1. Sri M. Narayana Rao, I.A.S.

Secretary to Government,

Revenue Department

1. Sri M. Kamal Naidu, IFS

Special Secretary to Govt.

( Forest )

1. Sri C.Y. Somayajulu,

Secretary to Govt.

(Legal Affairs)