PESA Act OF 1996

 “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, or PESA Act or Extension Act.
8.6% of the nation’s total population, over 104 million people according to the 2011 census.
 According to the 2011 Census of India, Bhil is the most populous tribe with a total population of 4,618,068, constituting 37.7 per cent of the total ST population.
Gond is the second largest tribe, with a population of 4,357,918 constituting 35.6 per cent.
 Provisions of Part IX – Panchayats are not applicable to -> Fifth Schedule areas
Parliament may extend these provisions to such areas
 At present (2018), ten states have Fifth Schedule Areas.
 Andhra Pradesh, Telangana, Chhatisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. All the ten states have enacted requisite compliance legislations by amending the respective Panchayati Raj Acts

Objectives of the Act :

1. To extend the provisions of Part IX of the Constitution relating to panchayats to the scheduled areas with certain modifications
2. To provide self-rule for the bulk of the tribal population
3. To have village governance with participatory democracy and to make the gram sabha a nucleus of all activities
4. To evolve a suitable administrative framework consistent with traditional practices
5. To safeguard and to preserve the traditions and customs of tribal communities
6. To empower panchayats at the appropriate levels with specific powers conducive to tribal requirements
7. To prevent panchayats at the higher level from assuming the powers and authority of panchayats at the lower level of the gram sabha

Features of the Act :

 Panchayats in the Scheduled Areas shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources
 Village shall ordinarily consist of a habitation or a group of habitations comprising a community and managing its affairs in accordance with traditions and customs.
 Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level
Every Gram Sabha shall be competent to safeguard and preserve the
• Traditions and customs of the people,
• Their cultural identity,
• Community resources and
• Customary mode of dispute resolution.
 Every Gram Sabha shall  —    (i) approve of the plans, programmes and projects for social and economic development before they are taken up for implementation by the Panchayat at the village level;
(ii) be responsible for the identification of beneficiaries under the poverty alleviation and other programmes

 Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the above plans, programmes and projects
 Reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX
 Scheduled Tribes shall not be less than one-half of the total number of seats.
 Further, all seats of Chairpersons of Panchayats at all levels – Reserved for the Scheduled Tribes
 State government may nominate such Scheduled Tribes which have no representation in the Panchayat – Not exceed 1/10 of the total members to be elected in that Panchayat.
 Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the
1)-Acquisition of land in the Scheduled Areas for development projects and
• 2)-Before resettling or rehabilitating persons affected by such projects in Scheduled Areas
 Planning and management of minor water bodies
 Gram Sabha or the Panchayats shall be mandatory for grant of prospecting licence or mining lease for minor minerals

 Panchayats at the appropriate level and the Gram Sabha are endowed specifically
• The power to enforce prohibition or to regulate or restrict the sale and consumption of any
intoxicant
• The ownership of minor forest produce
• The power to prevent alienation of land in the Scheduled Areas and to take appropriate action
to restore any unlawfully alienated land of a Scheduled Tribe
• The power to manage village markets
• The power to exercise control over money lending to the Scheduled Tribes
• The power to exercise control over institutions and functionaries in all social sectors
• The power to control local plans and resources for such plans including tribal sub-plans
 State Legislature shall endeavour to follow the pattern of the Sixth Schedule to the Constitution while designing the administrative arrangements in the Panchayats at district levels in the Scheduled Areas

 

Pdf of the Lecture :

Video Lecture by Veer Talyan : 

 

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