Panchayat (Extension of the Scheduled Areas) Act 1996

Panchayat (Extension of the Scheduled Areas) Act 1996

Subject – Polity

Context – The Chhattisgarh government has formulated draft rules under PESA Act, 1996, terming it the Chhattisgarh Panchayat Provisions (Extension of the Scheduled) Rules, 2021.

Concept –

• The Panchayat (Extension of the Scheduled Areas) Act, 1996 or PESA, was enacted by the Centre to ensure self-governance through gram sabhas (village assemblies) for people living in scheduled areas.
• This particular act extends the provisions of Part IX to the Scheduled Areas of the country. PESA brought powers further down to the Gram Sabha level.
• It legally recognises the right of tribal communities, residents of the scheduled areas, to govern themselves through their own systems of self-government, and also acknowledges their traditional rights over natural resources.
• In pursuance of this objective, PESA empowers gram sabhas to play a key role in approving development plans and controlling all social sectors.
  • This includes the processes and personnel who implement policies, exercising control over minor (non-timber) forest resources, minor water bodies and minor minerals, managing local markets, preventing land alienation and regulating intoxicants among other things.
• State governments were required to amend their respective Panchayat Raj Acts without making any law that would be inconsistent with the mandate of PESA.
• Six states have formed the PESA laws, and Chhattisgarh would become the seventh state if the rules are enacted.

Why are rules under PESA important? What topics will be covered?

• PESA rules enable the residents of scheduled areas to strengthen their village-level bodies by transferring power from the government to the gram sabha, a body of all the registered voters of the village.
• The powers of gram sabhas include maintenance of cultural identity and tradition, control over schemes affecting the tribals, and control over natural resources within the area of a village.
• The PESA Act thus enables gram sabhas to maintain a safety net over their rights and surroundings against external or internal conflicts. Without proper rules, its implementation is not possible as it is an exercise in decentralising the power from institutionalised structures, back to the village residents.
• The laws, once formed, will give gram sabhas the power to take decisions not only over their customs and traditionally managed resources, but also on the minerals being excavated from their areas.
• The rules state that the gram sabha will have to be kept informed by any and all agencies working in their village, and that the gram sabha has the power to approve or stop the work being done within the village limits.
• The rules also give power to the gram sabhas over management of resources over jal, jangal, zameen (water, forest and land), the three major demands of tribals; minor forest produce; mines and minerals; markets; and human resources.
• The gram sabha would have the powers to monitor and prohibit the manufacturing, transport, sale and consumption of intoxicants within their village limits.
• It also has a duty to maintain peace and resolve conflicts arising in the village, while protecting tribal customs and traditions, and encouraging customs like ghotul.

It has further provided that the Gram Sabha or Panchayats at appropriate level shall have the following powers:

• To be consulted on matters of land acquisition and resettlement.
• Grant prospecting license for mining lease for minor minerals and concessions for such activities.
• Planning and management of minor water bodies.
• The power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.
• The ownership of minor forest produces.
• The power to prevent alienation of land and 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 scheduled tribes.
• While giving such wide-ranging powers to Gram Sabhas or Panchayats, PESA has further given an added responsibility to States that they may endow Panchayats with powers and authority as may be necessary to enable them to function as institutions of self-government.