Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA is a law enacted by the Government of India to cover the "Scheduled areas", which are not covered in the 73rd amendment or Panchayati Raj Act of the Indian Constitution.
- It was enacted on 24 December 1996 to enable Gram Sabhas to self govern their natural resources.
- It is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas.
Scheduled Areas” means the Scheduled Areas as referred to in Clause (1) of Article 244 of the Constitution. The Act extended the provisions of Panchayats to the tribal areas of ten states that have Fifth Schedule Areas
Features of PESA
• PESA or Panchayat (Extension to Scheduled Areas) Act 1996 has extended the powers of tribal self rule to panchayats
• This is in line with the 73rd AA which seeks to extend self governance to local bodies
• PESA was enacted on 24th December 1996 for enabling Tribal Self Rule
• Act extends provisions of Panchayats to tribal areas of 9 states namely Andhra Pradesh, Chhattisgarh, Gujarat, HP, Jharkhand, Maharashtra, MP, Orissa and Rajasthan; these are states listed under the Fifth Schedule
• Modalities are worked out to grant tribal rights in the country through the following features in the Act:
- Panchayat legislation should be in concordance with customary law, socio-religious practices and traditional community resource management practices
- Hamlet/habitation or group of these should manage their affairs in line with local customs and traditions; they shall have an independent Gram Sabha
- Each Gram Sabha will work to preserve the traditions and customs of people, their cultural identity, community resources and dispute resolution
- Gram Sabhas also have the following roles and responsibilities:
- Approval of developmental work in villages
- Identification of beneficiaries
- Issuance of certificates for fund utilisation
- Powers for controlling institutes and functionaries in social sectors, local plans
• Gram Sabhas or Panchayats at relevant level should be empowered to
- Manage minor water bodies
- Engage in mandatory consultations for land acquisition
- Resettlement and rehab as well as prospecting licenses/mining leases for minor minerals
- Prevent land alienation and restore alienated land
- Regulation and restriction on sale and consumption of liquor
- Management of village markets
- Control of money lending to tribals
- Ownership of minor forest produce
Facts and Stats
• Provisions of panchayats have been extended to Schedule V areas
• Gram Sabhas are constituted in the state as per PESA rules of that state
• 4 states have framed rules for PESA implementation
• These are AP, HP, Rajasthan and Maharashtra
- It was enacted on 24 December 1996 to enable Gram Sabhas to self govern their natural resources.
- It is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas.
Scheduled Areas” means the Scheduled Areas as referred to in Clause (1) of Article 244 of the Constitution. The Act extended the provisions of Panchayats to the tribal areas of ten states that have Fifth Schedule Areas
Features of PESA
• PESA or Panchayat (Extension to Scheduled Areas) Act 1996 has extended the powers of tribal self rule to panchayats
• This is in line with the 73rd AA which seeks to extend self governance to local bodies
• PESA was enacted on 24th December 1996 for enabling Tribal Self Rule
• Act extends provisions of Panchayats to tribal areas of 9 states namely Andhra Pradesh, Chhattisgarh, Gujarat, HP, Jharkhand, Maharashtra, MP, Orissa and Rajasthan; these are states listed under the Fifth Schedule
• Modalities are worked out to grant tribal rights in the country through the following features in the Act:
- Panchayat legislation should be in concordance with customary law, socio-religious practices and traditional community resource management practices
- Hamlet/habitation or group of these should manage their affairs in line with local customs and traditions; they shall have an independent Gram Sabha
- Each Gram Sabha will work to preserve the traditions and customs of people, their cultural identity, community resources and dispute resolution
- Gram Sabhas also have the following roles and responsibilities:
- Approval of developmental work in villages
- Identification of beneficiaries
- Issuance of certificates for fund utilisation
- Powers for controlling institutes and functionaries in social sectors, local plans
• Gram Sabhas or Panchayats at relevant level should be empowered to
- Manage minor water bodies
- Engage in mandatory consultations for land acquisition
- Resettlement and rehab as well as prospecting licenses/mining leases for minor minerals
- Prevent land alienation and restore alienated land
- Regulation and restriction on sale and consumption of liquor
- Management of village markets
- Control of money lending to tribals
- Ownership of minor forest produce
Facts and Stats
• Provisions of panchayats have been extended to Schedule V areas
• Gram Sabhas are constituted in the state as per PESA rules of that state
• 4 states have framed rules for PESA implementation
• These are AP, HP, Rajasthan and Maharashtra
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