PESA Rules notified on the occasion of Tribal Pride Day in Madhya Pradesh
Recently Madhya Pradesh has notified PESA Rules on the occasion of Tribal Pride Day.
About The Panchayat Provisions (Extension to Scheduled Areas) Bill, 1996:
- The 73rd Constitutional Amendment was passed in the year 1992 to promote local self-government in rural India. By this amendment a law was made for the three-tier Panchayati Raj institution.
- Following the recommendations of the Bhuria Committee in the year 1995, the Panchayat Provisions (Extension to the Scheduled Areas) Bill, 1996 came into existence to ensure self-governance for the people living in the Scheduled Areas of India. Parliament passed it in terms of Article 243M(4) (b) of the Constitution
- The Panchayats (Extension to the Scheduled Areas) Act (PESA Act) gives special powers to the Gram Sabhas in the Scheduled Areas.
- Its objective is to extend Part IX of the Constitution relating to Panchayats to the areas of the Fifth Schedule.
- All States having Scheduled Areas will have to amend these laws to incorporate the provisions of PESA in their existing Panchayati Raj Acts within one year of the PESA Act coming into force within their geographical limits.
- 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.
Importance of PESA Rules
- It protects tribal culture and rights.
- It instills confidence in connecting tribal areas with the mainstream.
- Alleviates the grievances/sufferings of the tribal people.
- Empowers Gram Sabhas to approve development plans.
- Protects the ecosystem.
- The Ministry of Panchayati Raj is the nodal ministry for the implementation of the provisions of PESA in the States.
Powers of Gram Sabhas under PESA
- Rehabilitation and resettlement of people affected due to development projects and grant prior approval of survey license / mining lease for minor minerals.
- Power to regulate and restrict the sale/consumption of liquor, management of rural markets and control of loans to Scheduled Tribes.
- Power to control the institutions and personnel working in the social sector and related to local schemes.
- Power to manage minor water bodies and ownership of minor forest produce.
- Power of compulsory consultation in matters of land acquisition and power to prevent purchase of land by others in Scheduled Areas and to recover possession of land sold or transferred.
Source – The Hindu