 bill no 17 of  2019 the commission for equitable distribution of benefits of reservation to scheduled tribes bill, 2019 by dr prabhas kumar singh, mp a billto establish a commission for ensuring inclusive and equitable distribution of benefits of reservation to scheduled tribesbe it enacted by parliament in the seventieth year of the republic of india as follows:—1 (1) this act may be called the commission for equitable distribution of benefits ofreservation to scheduled tribes act, 2019short title, extent and commencement(2) it extends to whole of indiadefinitions2 in this act, unless the context otherwise requires,—(a) "commission" means the commission for equitable distribution of benefits of reservation to scheduled tribes established under section 3;5(b) "particularly vulnerable tribal groups" means tribal groups categorised as'particularly vulnerable tribal groups' by the central government; and(c) "prescribed" means prescribed by rules made under this actconstitution of the commission103 (1) the central government shall, as soon as may be, but not later than two months from the commencement of this act, by notification in the official gazette, constitute a commission to be known as the commission for equitable distribution of benefits of reservation to scheduled tribes(2) the commission shall consist of—(a)  a chairperson, who shall be a retired chief justice of a high court, to be nominated by the central government in such manner as may be prescribed;(b) chairperson, national commission for scheduled tribes, as ex-officio vice-chairperson;15(c) director, anthropological survey of india, as ex-officio member;(d) registrar general and census commissioner of india, as ex-officio member;20(e) seven members representing scheduled tribes from the states of madhya pradesh, maharashtra, odisha, rajasthan, gujarat, jharkhand and chhattisgarh, to be nominated by the respective state governments;(f) four members representing scheduled tribes from eight north-eastern states and five southern states, to be nominated by the central government in such manner as may be prescribed; and25(g) two members representing particularly vulnerable tribal groups, to be nominated by the central government in such manner as may be prescribed (3) the central government may appoint such number of officers and staff to the commission as may be required for its efficient functioning(4) the salary and allowances payable to, and other terms and conditions of service of the chairperson and other members, officer and staff of the commission shall be such as may be prescribed304 the commission shall,—functions of the commission(a) examine the extent of inequitable distribution of benefits of reservation to the persons belonging to the scheduled tribes in admissions to educational institutions and employment under the central government; and35(b)  recommend measures to be taken by the central government to ensure that the benefits of reservation reach equitably to all persons belonging to the scheduled tribes in different states, so as to achieve greater social justice and inclusionreport5 (1) the commission shall, as soon as possible, but not later than six months fromthe date of its constitution, prepare and submit a report to the central government in such manner as may be prescribed40(2) the central government shall, after considering the report, cause to be laid an action taken report on the recommendations of the commission before each house of the parliament6 the central government shall, after due appropriation made by parliament by law in this behalf, provide adequate funds for carrying out the purposes of this actcentral government to provide adequate fund7 the provisions of this act shall be in addition to and not in derogation of any other law, for the time being in forceact not in derogation of other law power to make rules58 (1) the central government may, by notification in the official gazette, make rulesfor carrying out the purposes of this act10(2) every rule under this act shall be laid, as soon as may be after it is made before each house of parliament, while it is in session, for a total period of thirty days which may be comprised in one session or in two or more successive sessions, and if before the expiry of the session immediately following the sessions or the successive sessions aforesaid, both houses agree in making any modification in the rule or both the houses agree that the rules should not be made, the rule shall thereafter have effect only in such modified form or be of no effect, as the case may be, so, however, that any such modification or annulment shall be without prejudice to the validity of anything previously done under that rule statement of objects and reasonsreservation to scheduled tribes (sts) in educational institutions has been provided through article 15(5) while reservation in posts and services under the state has been provided through article 16(4) of the constitution in central government funded higher education institutions and in public employment under the central government, 75 per cent of seats and vacancies are reserved in favour of persons belonging to the scheduled tribeshowever, this policy wrongly assumes the entire scheduled tribes population as a homogenous group in reality, different scheduled tribes communities across different states vary significantly in terms of social, educational and financial status as a result, a few but relatively advanced scheduled tribes communities are cornering the lion's share of the reservation benefits, to the detriment of the interests of the overwhelming majority of scheduled tribes who are really impoverished hence, there exists a high level of inequity in the distribution of reservation benefits across different scheduled tribes communities from different statesfor instance, one single scheduled tribes community from rajasthan (meena/mina)accounts for only around 4 per cent of the total scheduled tribes population of india yet, they grab more than 73 per cent and 35 per cent of the seats/vacancies reserved for sts in engineering services examination (ese) and civil services examination (cse), respectively in contrast, scheduled tribes from odisha get negligible seats, even when odisha has greater tribal population than rajasthan as per data obtained from credible online sources like cse candidates' information, central press information bureau and  upsc website for ese and cse exams of  last three years scenario for particularly vulnerable tribal groups (pvtgs) is even worseurgent need of the hour is to rationalize the reservation policy for scheduled tribes to achieve greater social justice and inclusion for all scheduled tribes the central government should devise a system so that the benefits of reservation equitably reach to different tribes across different states as a first step, a commission should be constituted to examine in detail the extent of inequitable distribution of benefits of reservation among the scheduled tribes and to recommend policy measures to address this issuethe commission may suggest capping of reservation quota which a state or a scheduled tribe can avail, or sub-categorization of scheduled tribes, or any other measure hence, this billnew delhi;prabhas kumar singhdecember 4, 2018 financial memorandumclause 3 of the bill provides for constitution of a commission for equitable distribution of benefits of reservation to scheduled tribes it also provides for appointment of chairperson, members and other officers and staff to the commission clause 6 provides for the central government to provide adequate funds the bill, therefore, if enacted, will involve expenditure from the consolidated fund of india it is estimated that an annual recurring expenditure of about one thousand crore is likely to be incurred from the consolidated fund of indiaa non-recurring expenditure of about five hundred crore is also likely to be involved memorandum regarding delegated legislationclause 8 of the bill empowers the central government to make rules for carrying out the  purposes of  the bill as the rules will relate to matters of detail only, the delegation of legislative power is of a normal character———— a billto establish a commission for ensuring inclusive and equitable distribution of benefits of reservation to scheduled tribes————(dr prabhas kumar singh, mp)mgipmrnd—3195ls(s3)—31-01-2019