Minutes of the APTAC meeting
MINUTES OF THE MEETING OF THE A.P. TRIBES ADVISORY COUNCIL HELD IN THE COMMITTEE HALL OF SECRETARIAT ON 23-12-1988 AT 11:30 A.M.
The A.P. Tribes Advisory Council meeting was held on 23-12-1988 at 11:00 A.M. in the Committee hall of Secretariat. The Hon'ble Minister for Tribal Welfare, G. Rama rao presided over the meeting. Secretary, Social Welfare Department welcomed the members. The Secretary to Government, Social Welfare Department requested the Director of Tribal Welfare and Ex-officio Member-Secretary of Tribes Advisory Council to brief the Members on Agenda.
The Director of Tribal Welfare invited the attention of members to the Agenda papers already circulated to all members and narrated briefly the important decisions taken in the Tribes Advisory Council Meetings held earlier on 28-12-1987, 08-02-1988, 21-03-1988 and 29-03-1988 on the issue of the transfer of lands among non-tribals under Land Transfer Regulation-1959. He said that the Tribes Advisory Council in the meeting held on 29-03-1988 rejected the request of the non-tribals to permit transfer of land among non-tribals but recommended for payment of market value to avid hardship to non-tribals desirous of selling their lands.
Sri A. Govinda Naik, MLA, from Khanapur in Adilabad district initiating the discussions on the first item in the agenda urged the Council to view the land problems of the non-tribals on humanitarian grounds. He observed that non-tribals acquired the land owned by them in Scheduled Areas through much hardwork and therefore they may be permitted to sell their lands to non-tribals in order to mitigate their hardship to meet their immediate needs.
Sri Chittinaidu, MLA, Paderu observed that non-tribals at Dumbriguda and Araku valley areas of Visakhapatnam district are acquiring lands with bogus caste certificates. If such unscrupulous activities of non-tribals are not controlled the life of local tribals would become miserable. The Director of Tribal Welfare stated that many non-tribals acquired pattas during survey and settlement operations irregularly. He observed that unless Land Transfer Regulation is made supreme and its provisions are given overriding effect over all other Laws in the Scheduled areas especially Settlement Regulations the shroud non-tribals manage to get the pattas.
Sri L B Dukku, MLA, Srungavarapu kota from Visakhapatnam district stated that the Tribes Advisory Council Meetings are being convened on this issue frequently. Sri L B Dukku requested the Chairman of the Council to take a decision on this and put a finality to the issue of transfer of lands from non-tribals to non-tribals.
Sri L B Dukku, MLA, Srungavarapu kota, Visakhapatnam district and Sri M B Chowan, MLA, Devarakonda, Nalgonda district stated that non-tribals who possess valid pattas may be permitted to sell their lands to non-tribals provided that non-tribal transferors got clear titles over their lands prior to Regulation-1 of 1970.
Sri Chanda Lingaiah, Burgampad, Khammam district observed that these Tribes Advisory Council meetings were being organized frequently only to help the non-tribals as the non-tribals are bringing lot pressure of the tribal representatives. He also observed that these Tribes Advisory Council meetings have been discussing the non-tribal problems. He stated that repeal of Amending Regulation-1 of 1970 has very serious implications. When the tribal cannot sell his land to non-tribal, how can non-tribal be permitted to sell his land to non-tribals especially when the Supreme Court upheld Regulation-1 of 1970. He also wondered whether the Tribes Advisory Council can discuss against the judgment of Supreme Court.
Sri K Bojji, MLA, Bhadrachalam, Khammam Distarict observed that government can pay compensation to non-tribals in case the non-tribals cannot find a tribal purchaser and give these lands to the tribals to improve his economic conditions. He stated that after the declaration of huge areas as reserve forests and in view of the fact that most the lands in the valleys are under the cultivation of non-tribals repeal of 1/70 would jeopardize the interests of tribals. Therefore, he requested that Regulation-1 of 1970 should be continued and should not be scrapped. He also observed that there are large number of cases where the Makta lands are under the cultivation of tribals. If the Regulation-1 of 1970 is scrapped all these non-tribal Maktadars would sell away the lands to non-tribals resulting in the eviction of tribal cultivators.
The Director of Tribal Welfare informed the Council that the Supreme Court on 14-07-1988 (Civil Appeals NO. 2299) and 2300 of 1972 between Sri P Rami reddy and other versus the state of Andhra Pradesh and others upheld the validity of Regulation-1 of 1970. A copy of the judgement of Supreme Court. The contents of which were already explained to the members of Tribal Advisory Council in the meeting held on 23-12-1988 is enclosed to those minutes. Some non-tribals challenged Regulation-1 of 1970 (An amendment made to the A.P. Scheduled Areas Land Transfer Regulation-1959) in the High Court and the High Court upheld the Amendment made through Regulation-1 of 1970 dismissed their Writ Petitions. The non-tribals went on appeal to the Supreme Court and a Division Bench of the Supreme Court dismissed the Appeal and upheld Regulation-1 of 1970. The Supreme Court rejected the contention of the non-tribal that the prohibition on transfer of lands among non-tribals is unreasonable. The Supreme Court held that the amending Regulation-1 of 1970 was made to prevent non-tribals from circumventing the Land Transfer Regulation, 1959 and observed that "The Community cannot xxxxx its eyes to the fact that the competition between the tribals and the non-tribals partakes of the character of a race between a handicapped one legged person and an able bodied two legged person... The non-tribal economic exploitors cannot be installed on the pedestal of immunity and accorded a privileged treatment by permitting these to transfer the lands and structures if any raised on such lands to non-tribals and make profits at the cost of the tribals. It would not only tantamount to perpetuating exploitation and injustice, it would tantamount to placing premium on the exploitation and injustice perpetuated by the non-tribals."
The Secretary to Government, Social Welfare Department informed the members that permitting non-tribals to sell their immovable proportions in Scheduled Areas to non-tribals is tantamount to scrapping the amendment effected to Section 3 (1) (a) of Land Transfer Regulation made amending Regulation-1 of 1970 and would defeat the purpose of the amending Regulation in affording protection to the tribals. In view of the fact that the constitutional validity of the amendment was upheld by A.P. High Court as well as Supreme Court of India and in view of the resolution of A.P.Tribes Advisory Council on 29-03-1988 to validate the transfer of lands form non-tribal to non-tribal that took place prior to Regulation-1 of 1970 while giving retrospective effect to the provisions of Land Transfer Regulation 1959, the Secretary to Government, social Welfare Department urged that members to reconsider their proposal.
Sri L B Dukku, MLA, observed that they are not in favour of scrapping the amendment effected to Land Transfer Regulation, 1959 by amending Regulation-1 of 1970, but they want the Regualtion-1 of 1970 to be modified to permit the transfer of land between non-tribal and non-tribal to mitigate the hardship to the non-tribals. They requested the Chairman to work out the details.
The Director of Tribal Welfare observed that in case the non-tribals cannot find a tribal purchaser, the government can purchases the land and the compensation could be the market value prevailing at that time as per the resolution passed by the Tribes Advisory council in the meeting held on 29-03-1988. Sufficient provision of funds can be made in the Tribal Welfare Department Plan for this purpose and these lands can be assigned to the tribals. There cannot be any better economic development programme than provision of land to the tribals. The Director of Tribal Welfare also suggested that a time frame can be fixed for disbursement of compensation to the non-tribals from the date of application given to the government. The Director of Tribal Welfare observed that to permit the non-tribals to sell land to non-tribals would cut at the root of the land base of the aboriginals which is their only source of livelihood.
The Chairman elicited the views of the members present individually regarding the proposal to permit the non-tribals to sell their lands to other non-tribals. The Chairman and all the non-official members present except Sri Chanda Lingaiah, MLA and Sri K Bojji MLA, observed that an amendment to the Regulation-1 of 1970 may be made to facilitate the sale of lands by non-tribals to non-tribals on humanitarian grounds. The Chairman recommended that an enactment should be made to prohibit the alienation of land by tribals to non-tribals outside the scheduled area. Sri K Bojji, MLA, Bhadrachalam and Sri Chana Lingayya, MLA, Burgampad opposed the recommendation of other non-official members to permit tranfer of lands between non-tribal and non-tribals. The offcial members of Tribes Advisory Council viz., Secretary to Government, Social Welfare Department, Director of Tribal Welfare and Director, Scheduled Castes and Scheduled Tribes, Government of India opposed the view of the majority.
Item No. - 2: All the members unanimously recommended to amend the A.P. (Andhra Scheduled Areas) Estates (Abolition and conversion into Ryotwari) Regulation, 1951, A.P. Mahals (Abolition and conversion into Ryotwari) Regulation - I/1969, A.P. Muttas (abolition and conversion into Ryotwari) Regulation II/ 1969 and A.P. Scheduled Areas Ryotwari Settlement Regulation - III/ 1970 to entrust to the District Collectors and Agents to the Government Appellate and sue-motto powers instead of the Director, Survey and Settlements, Hyderabad.
Regarding item No.3 on the Agenda, all the members unanimously approved the proposed and recommended to government to amend all the Regulations and other Laws in the Scheduled Area to restrict the power of stay of the Courts including the High Court and to specifically declare that no stay should be granted against the tribal without hearing both the parties.
Regarding item No. 4 on the Agenda, the Council unanimously recommended to substitute figure and brackets "(5)" with figure and brackets "(6)" in the notification is in G.O.Ms.No. 266 Revenue (F1) dated 05-03-1976 under para 5 (1) of Fifth Schedule to the Constitution of India - Amending Section 38 (E) of the Andhra Pradesh (Telangana Area) Tenancy and Agricultural Lands Act, 1950. This amendment shall be deemed to have come into force with effect from 11-01-1979.
With the permission of the Chair, Sri M B Chowhan, MLA from Deverakonda and other members requested the Secretary to Government, Social Welfare Department to take necessary steps to introduce the bill in the next Assembly Session to regulate the issue of Scheduled Tribes/ Caste certificates. The Secretary to Government, Social Welfare Department assured the members that he had already initiated necessary steps to make the bill more comprehensive and foolproof to eliminate the bogus caste certificates and to take deterrent action against the persons who issue such certificates and the person who possess them. He assured the members that the provisional bill would be submitted to the Assembl at any early date.
Sri M B Chowhan, MLA from Devarakonda also requested the government to enhance the rates pertaining to Bright Boys Scheme and best available schools in view of the increased cost of living. Sri Chowhan has also stated that the house sites allotted to Chenchus (Scheduled Tribes) in Srisailam were occupied by non-tribals may be evicted and the house sites are restored to Chenchus to whom they were originally allotted.
The Chairman expressed his thanks to all the members for their active participation in the meeting.
Sd/- Sd/-
M V P C Sastry
Member Secretary and
Director of Tribal Welfare
G Rama Rao
Chairman and
Minister for Tribal Welfare
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