Jharkhand issues PESA draft rules for consultations
Recently Jharkhand government has released draft rules of Panchayat Provisions (Extension to Scheduled Areas) Act (PESA Act) for public consultation.
After discussion on the draft of ‘PESA Act’, this act can be implemented in Jharkhand.
The draft rules of the PESA Act provide the following powers to the Gram Sabhas in the Scheduled Areas-
- It provides the right to resolve their traditional and family disputes,
- To hear special cases under the Indian Penal Code (IPC) and to maintain peace and order in accordance with the principles of the Constitution.
PESA Act
- The PESA Act was enacted in the year 1996 “to extend the provisions of Part IX of the Constitution relating to Panchayats to the Scheduled Areas”.
- Articles 243-243ZT of the Constitution, contain provisions relating to municipalities and co-operative societies. These articles are given in Part IX of the Constitution.
- Under this Act, the Scheduled Areas are those referred to in section 244(1). The Act states that the provisions of the Fifth Schedule shall apply to Scheduled Areas and Scheduled Tribes in the States other than Assam, Meghalaya, Tripura and Mizoram.
- It aims to extend Part IX of the Constitution relating to Panchayats to the Fifth Schedule areas with certain modifications and exemptions.
- The State Legislature has been empowered to make laws in this regard under the PESA Act. Presently 10 states have Fifth Schedule areas. These states are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana.
- Out of these ten states, only eight states (except Jharkhand and Odisha) have framed and notified State PESA Rules under State Panchayati Raj Acts.
Salient Features of PESA Act:
- It empowers tribal communities to govern through their own self-governance systems. Also, it has recognized their traditional rights over natural resources.
- Under this, Gram Sabhas have been given an important role in approving development plans and controlling all social sector and local plans.
- It provides some special powers to the Gram Sabhas such as identification of beneficiaries of welfare schemes, mandatory consultation in matters of land acquisition, management of small water bodies and ownership of minor forest produce etc.
Source – Indian Express
