The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
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The
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA
Act) was enacted on 24th December 1996 to extend Part IX of the Constitution,
which deals with the Panchayati Raj system, to Scheduled Areas as defined under
Article 244(1) of the Constitution. The Act aims to provide self-governance and
autonomy to tribal communities while safeguarding their traditional rights and
practices.
Key
Provisions of the Act:
Recognition
of Customary Laws and Traditions:
State
legislation on Panchayats must align with customary laws, social and
religious practices, and traditional management of community resources.
Empowerment
of Gram Sabha:
A Gram
Sabha (village assembly) shall consist of persons listed in the electoral
rolls at the village level.
It has
the authority to safeguard traditions, cultural identity, community
resources, and resolve disputes as per customary practices.
It must
approve all social and economic development plans before implementation
by the village-level Panchayat.
It is
responsible for identifying beneficiaries of poverty alleviation
programs.
Panchayats
must obtain Gram Sabha certification for fund utilization.
Land and
Resource Management:
Consultation
with Gram Sabha or Panchayats is mandatory before acquiring land for
development projects and before resettlement and rehabilitation of
affected persons.
Panchayats
are entrusted with planning and managing minor water bodies in Scheduled
Areas.
The
recommendation of Gram Sabha or Panchayats is mandatory for granting
prospecting licenses or mining leases for minor minerals.
Prior
recommendation of Gram Sabha is required for auctions related to minor
minerals.
Reservation
and Representation:
Reservation
in Panchayats must be proportionate to the population of Scheduled Tribes
(STs), with at least 50% reserved for STs.
All
Chairperson positions at all levels of Panchayats in Scheduled Areas must
be reserved for STs.
The State
Government may nominate ST members to Panchayats at intermediate and
district levels, but nominations cannot exceed 10% of elected members.
Powers of
Panchayats and Gram Sabha:
The power
to enforce prohibition or regulate intoxicants.
Ownership
rights over minor forest produce.
Preventing
alienation of tribal land and restoring unlawfully alienated land.
Managing
village markets and controlling money lending to Scheduled Tribes.
Supervising
institutions and functionaries in social sectors and planning tribal
sub-plans.
Administrative
Autonomy and Safeguards:
State
legislations must ensure that higher-level Panchayats do not assume
powers of Gram Sabha or lower-level Panchayats.
Administrative
structures in Scheduled Areas should follow the pattern of the Sixth
Schedule to ensure self-governance.
Continuance
of Existing Laws:
Laws
relating to Panchayats in Scheduled Areas that were in force before the
enactment of PESA shall continue until amended or repealed within one
year of the Act’s commencement.
Significance of the PESA Act: The PESA Act, 1996, recognizes and
protects the rights of tribal communities over natural resources, strengthens
Gram Sabha as a self-governing body, and ensures greater participation of
Scheduled Tribes in local governance. It aims to prevent the exploitation of
tribal populations and empower them to manage their own affairs in accordance
with their customs and traditions.
