NEED FOR ROYALTY DEVELOPMENTAL DIVIDEND FUND FOR TRIBALS

In India, a major chunk of mining and mineral potential could be unearthed in the forest areas and tribal belts. Most of tribal habitats are in forest areas. Hence, any mineral resource development involves to a greater extent disturbance to terrestrial configuration. There can be no mineral development without disturbance to terrestrial configuration as far as the Scheduled Areas are concerned according to top officials of department of mines and geology.

Also, for all good reasons, laws have been enacted for preserving the environmental purity and ecological integrity-Forest Conservation Act, AP Land Transfer Regulation Act and Anti Pollution Act etc. These acts in implementation have become impediments to ‘growth and development’ with reference to Scheduled Areas in the context of exploring mining and mineral potential, feel, those engaged in that activity. This needs to be analyzed in different dimensions.

As a matter of fact development of mineral resources in tribal belts has become a fancy footwork of avoiding legal hurdles and satisfying the environmental and ecological consideration. Thus it should be conceded that mineral resources development in forest and scheduled areas is more complicated than development in other areas.

The Government of Andhra Pradesh has declared parts of 9 districts in the state as Scheduled Areas where there is high density of tribal concentration and dwelling. Certain mandals and villages have also been named under sub-plan list in the state. The idea is to see that the tribal population which is concentrated in the identified districts, mandals and villages get all the attention and assistance for development, improve the standard of living without getting dislocated from their natural places of habitation and to protect their cultural heritage.

One of the assets of the tribal is the availability of minerals in their areas. According to a senior official of department of mines and geology, of Andhra Pradesh government, very large number of mineral deposits exist in the tribal tracts of which much is known but remain under exploited or unexploited and thereby left un-utilized. If these areas are properly investigated and exploited, discloses the official, that, there will be tremendous development of mining and mineral based industries resulting in industrial employment for the tribal. The tribal areas comprises of Gondwana, Purana and Peninsular Gneissic Complex and Archaean Formations which are spread in parts of Vishakhapatnam, Vizianagaram, Srikakulam, East Godavari ,West Godavari, Khammam, Warangal, Karimnagar, Adilabad, Medak, Nizamabad, Nalgonda and Mahaboobnagar districts. The entire tribal belt is potentially rich in both high grade and low grade metallic and non metallic deposits namely coal, limestone, iron ore, dolomite, graphite, Kyanite, marbles, bauxite, Laterite, vermiculite, Manganese ,Garnet, Corrundum and building materials. In addition to these, there is a possibility of finding new deposits in varied geological formations by intensive explorations.

There are number of promising mineral occurrences in the remote tribal villages, which needs multi disciplinary and integrated mineral investigation/exploration, preparation of geological maps and techno feasibility reports before suggesting for mining or for mineral based industries.

It is estimated that about 700 million tones of bauxite suitable for aluminum plant is available in vizag and East Godavari sector. Good bauxite grade is available in Scheduled and fragile forest zones only. As such there is a great urgency and need in deciding the issue of establishing an aluminum plat in Andhra Pradesh so as to cope up with the Globalization, but in accordance with the existing legal frame work and judicial pronouncements only.

Vast mineral potential in tribal areas can be commercially exploited, perhaps involving tribal community, and number of down stream mineral industries can also be developed for value addition and exports. When this is achieved it would not be difficult to create any permanent arrangement to create a permanent “Royalty Developmental Dividend Fund” for tribal development.

The major minerals in tribal districts of Andhra Pradesh are: Adilabad- Limestone, Manganese, Clays and Iron ore, Khammam-Graphite, Dolomite, Barites, Garnet, corrundum, chromite, iron ore, copper, coal, Quart &feldspar, Steatite and Red oxide ,Mahaboobnagar-Quartz, limestone, Barites and Diamonds, Warangal-Coal, Iron ore, Steatite, Amethyst, Laterite, Clay and Quartz, Nizamabad-Quartz, Granite, Amethyst and Laterite, Medak-Quartz, Ochre’s and Clay, Nalgonda-Limestone, Clay and lead, East Godavari-Bauxite, Laterite, Graphite, clay and Tungsten, West Godavari-Clay, Graphite and Mica, Visakhapatnam-Bauxite, Apatite, Vermiculite, Graphite, Limestone, Limekankar, ochre and Mica, Vizianagaram-Graphite, Manganese, Limekankar, Granite, laterite and bauxite and Srikakulam-Graphite, Managanese, quart, quartzite, granite and laterite).

The major minerals listed abobe, district wise, are used in a variety of industries. Broadly the uses are : Apatite is used in Phosphoric acid, elemental phosphorous in fertilizer production : Barites in Barium chemicals, X-Rays, Barium Meal, paints and as filler in rubber and linoleum : Bauxite in Alumina Cement, Alumina Refractories, Abrassives, Alumina and Aluminum Chemicals: Calcite in Bleaching Powder, Calcium Carbide, as filler in Rubber Paper and also used in melting: Chromate in Chrome Chemicals: Clays in Sanitary ware, fire bricks, stone ware pipes, flooring tiles, HT insulators, levitation, jars, potteries, Mangalore tiles, ceramics, and refractory, electrical fuse holders and distemper: Corundum in Abrasive, gem cutting and faceting: Dolomite in Pulverizing, refractory cement, manufacture of Glass, ceramics, paper, rubber, leather, insecticides, Pesticides, steel and magnesium salts; Feldspar in ceramics, refractories, tiles, sanitary ware, potteries and glass and Garnet is used in Abrassive, gem-cutting and faceting.

It is estimated, that, more than 3800 million tones of ‘Limestone’ reserves are available in five districts of Adilabad, Karimnagar, Vishakhapatnam, Nalgonda and Mahaboobnagar, according to the statistical data available with the department of mines and geology of state government. The estimated ‘Bauxite’ reserves of Vishakhapatnem and east Godavari districts are of the order of 700 million tones. The reserves of this mineral available in Vizianagaram and Srikakulam districts are yet to be estimated. While the ‘coal’ reserves in Khammam, karimnagar, Warangal and Adilabad districts are more than 10,000 million tones and the same is being successfully exploited. Estimates of several other major minerals are yet to be made. But the potential is very high.

Mining of mineral deposits will undoubtedly expedite, development of infrastructure facilities such as roads, bridges, transport development, electrification, communication, irrigation, hospitals, schools, educational facilities welfare amenities and several other social & economic conditions such as employment generation, population control, literacy, education, health, water and provision of food security.

Care should however be taken to see, that, all the mining industry in tribal areas should absorb majority of tribal population, as workers so that tribal could get employment depending on the suitability. The tribal can be made to form small cooperative societies so that they can be involved in several fields such as small business concerns and cooperative stores and for trading.
Displaced tribal from these areas have to be suitably rehabilitated and can be considered for allotting to them selected areas with suitable private technical guidance in developing coffee plantation, farming, sheep rearing, social forestry etc.

Tribal can also be uplifted by suitably granting certain percentage of shares in mining business. This will naturally make them aware of the importance of mineral in their land holds and steadily make them know the intricacies in the business and trade and thus encourage and promote them to join the stream of business management
Ultimately this will enhance their standard of living. All these will cater to their needs, and will cause a general improvement in their living condition. They will become aware and educated and thus take care of their land holdings properly and effectively. This will ensure curtailment of illegal mining activity in the areas.

TO WHOM DOES THE SCHEDULED AREA BELONG?

IN THE CONTEXT OF TRIBAL LAND
IN ANDHRA PRADESH

(Carried by manamlagaru.com internet magazine in july-august, 2009)

AP Chief Minister Dr. YS Rajasekhara Reddy during his visit to Rampachodavaram in East Godavari district in Andhra Pradesh State distributed land pattas to tribal women and complemented the tribal population in helping the government in mitigating the extremist problem by making full use of development and welfare schemes in the Agency areas initiated and to be continued by his government. The AP State Government deserves full complements for its decision to distribute 12 Lakh acres of land in all to three Lakh beneficiaries under various tribal Welfare Acts. However to what extent this move of CM and his government would really benefit the tribal on the long run as the tribal land has always been under the threat of being taken over by non-tribal industrialists taking advantage of loopholes in the A.P. Scheduled Areas Land Transfer (Amendment) Regulation-I of 1970 Act.

The Land Transfer Regulation I of 1970 had positively attempted to restore the land owned by non-tribal to tribal in Scheduled Areas. It introduced the presumptive clause, that, Land owned by a non-tribal in a Scheduled Area will be deemed as acquired from a tribal until the contrary is proved. The Regulation made it imperative that any non-tribal holding land in the Scheduled Area shall not transfer it to even any non-tribal. It stipulates, that, any transfer of immovable property situated in the agency tracts by a ‘person’, whether or not such a ‘person’ is member of a Scheduled Tribe, was absolutely null and void, unless such transfer is made in favor of a ‘person’, who is member of a Scheduled Tribe or a society, registered under the Cooperative Societies Act, 1964 which is composed solely of members of Scheduled Tribes.

Another clause of the Regulation provided for the surrender of land in Scheduled Areas to the Government where the non-tribal or the tribal could not sell it to another tribal. The Government is obliged to acquire the land on payment of ‘appropriate compensation’. It also prohibited the transfer of land from a tribal to a non-tribal, and made it obligatory on the part of Government to eject the non-tribal and restore the land to the original tribal owner.

By virtue of legislative powers conferred on the Governor of the State under Article 244(I) read with Fifth Schedule to the Constitution of India, among the various protective measures undertaken by the Andhra Pradesh Government for the tribal welfare, notable to mention, was, Andhra Pradesh Scheduled Areas Land Transfer Regulation Act of 1959. Regulation I of this Act is the primary law for the protection of the rights of the tribal over their lands. The Regulation as it stood originally, prohibited alienation of lands by tribal to non-tribal unless prior written permission on sanction of the competent authority was obtained. That Regulation also empowered the Agent (Collector) to decree an ejectment against any non-tribal in possession of any land the transfer of which was made in contravention of its provisions and to restore such lands to the transferors or their heirs. Regulation II of 1963 later extended the Regulation, which was originally for the Andhra Area, to Scheduled Areas of Telangana also.

In the 1959 Act, the scope of the word ‘transfer’ was clarified to include “any other dealing with immovable property” and the definition of ‘immovable property’ was also enhanced to include “standing crops, timber and trees”. The word “Scheduled Tribe” was introduced in the Act, to include any tribe or tribal community notified as such by the President under Article 342 of the Constitution. Under the provisions of 1959 Regulation, though, transfer of immovable property by a member of Scheduled Tribe to a non-tribal was made null and void; it did have an exception clause, inferring ‘imposing certain restrictions only’. Difficulties were encountered by the implementing agencies of Government in ejectment procedures, in as much it was, not always easy for the authority concerned to ascertain as to how the non-tribal got the lands in their possession. This resulted in amending the Regulation I of 1959, in the year 1970 which is now popularly known as “One of 1970” even to an illiterate tribal and to all those who do not even know English alphabets. Needless to say, that, it touched the hearts of whole tribal community.

After reviewing the Regulation I of 1970 and with a view to lessen the hardship of the Scheduled Tribes and probably to benefit them, an amendment was issued through Regulation I of 1971, enabling the tribal to mortgage without possession any immovable property to the cooperative society and other financial institutions for free flow of credit to them.

Further amendment was made through Regulation I of 1978, which prohibited, registration of documents of land transfers in favor of non-tribal, and provided for a year’s rigorous imprisonment as well as monetary fine for acquiring the land after ejectment decree was passed. In 1979, another Government Order was issued exempting small non-tribal farmers owning five acres of wetland and ten acres of dry land from the provisions of Regulation I of 1970. The courts, however, stood by the Regulation and the Andhra Pradesh High Court stuck down the 1979 Government Order in 1983. When the non-tribal agitated before the High Court and Supreme Court questioning the Constitutional validity of Regulation I of 1970, they were dismissed. The Judges of the Supreme Court observed, that, it was necessary to keep in view, the socio-economic context, in judging whether a Regulation was reasonable or not. They further observed, that, considering the fact, that, the tribal was cheated, exploited and outwitted by the unscrupulous non-tribal moneylenders, it was necessary that a ‘Regulation’ should exist to protect the tribal.

Yet another serious attempt was made in the year 1989, when the Government announced the decision to repeal Regulation I of 1970, but in vain. Several organizations and prominent personalities raised objections to the move. They told the Government that the implications of the repeal were far reaching. The attempts, as the news now reveal, would probably continue in some form or other as long as there is tribal land as long as non tribe’s eye is on that.

The passing of 1979 Government Order (with a Congress Government in office) and the move to repeal the Regulation in 1989 (with a Telugu Desam Government in office), was the result of consensus on the part of major if not all the then political parties. Unanimity marked the thinking of political parties with ‘agreed’ differences of ideology as that of Telugu Desam, Congress-I, both the Communists as well as the then Janata to go for repeal in 1989. Yet another significant fact during 1989 was absence of valid protest even from tribal leaders. As a matter of fact, the repeal was passed by the then ‘Tribal Advisory Council’ comprising tribal Legislators with a ‘Gond tribesman’ as its Chairman in his capacity as Minister for Tribal Welfare. The question that was frequently asked in many corners those days was how the vested interests could manage to get the support of the Communists too. The Communist Party of India-CPI, tried to justify its stand, on the ground to safeguard the interest of small landowners, many of whom belong to the weaker sections and have been occupying tribal areas for several generations. It all ended with Telugu Desam, Bharatiya Janata and Communist Party of India (Marxist) hastily convening a meeting and announcing that they had altered their stand and decided against repeal of the Regulation later.

The Regulation had generated considerable amount of land restoration activity in the tribal areas till 1979. According to the ‘Tribal Cultural Research and Training Institute’, the number of non tribal occupations in Scheduled Areas detected as prima-facie violating Land Transfer Regulation run in to several thousand and the extent of land in that was estimated to be several Lakhs of acres. A little over fourth of that extent could only be restored to tribal population. In fact the figures also revealed then, that, in couple of thousands of instances non-tribal could get favorable orders involving an extent of over a Lakh of acres.

Against this backdrop once again there were moves to circumvent Land Transfer Regulation again and again. Truth apart, it is time now, to look in to the various aspects of Supreme Court Judgment dated July 11, 1997 in the Public Interest Litigation on the Andhra Pradesh Scheduled Area Land Transfer Regulation Act 1959. The Division Bench consisted of Justice K. Ramaswamy, Justice S. Sagir Ahmed and Justice G.B. Patnaik. The Judgment made it very clear; that, the word ‘person’ would include the State government and as such transfer of land in Scheduled Area by way of lease, for mining purpose in favor of non-tribal stands prohibited. The Government also stands prohibited to transfer the mining leases to corporation aggregate etc except to its instrumentality says the Judgment. At one point of time the then President of India announced, that, a “Committee of Governors” would be formed to look into the serious inadequacies in the implementation of programs for the welfare of Scheduled Castes and Scheduled Tribes. The Supreme Court judgment also came out with several recommendations and what was the follow-up from the state and central governments subsequently is not known.

However, notwithstanding all this, the initiatives of the AP State Government and the Chief Minister are laudable with a caution that come what may, the land that is now assigned to tribal remains with them and their heirs. Government also deserves complements for taking steps to supply mineral water in addition to protected water in tribal areas.