The Panchayats (Extension to the Scheduled Areas) Act (PESA Act)

Syllabus: General Studies Paper 2

Aam Aadmi Party (AAP) declared a six-point “guarantee” for tribals in Gujarat’s Chhota Udepur district, including the “strict implementation” of The Panchayats (Extension to the Scheduled Areas) Act (PESA Act).

About the PESA Act, 1996:

• The Panchayats (Extension to Scheduled Areas) Act, 1996 or PESA Act is a law enacted by the Government of India for ensuring self-governance through traditional Gram Sabhas for people living in the Scheduled Areas of India.
• It was enacted by Parliament in 1996 and came into force on 24th December 1996.
• After the Bhuria Committee recommendations in 1995, Panchayat Extension to Scheduled Areas (PESA) Act 1996 came into existence for ensuring tribal self-rule for people living in scheduled areas of India.
• The PESA is considered to be the backbone of tribal legislation in India.
• PESA recognises the traditional system of the decision-making process and stands for the peoples’ self-governance.
• Under the PESA Act, Scheduled Areas are those referred to in Article 244(1), which says that the provisions of the Fifth Schedule shall apply to the Scheduled Areas and Scheduled Tribes in states other than Assam, Meghalaya, Tripura, and Mizoram

Functions

• To help implementation of the development programmes and schemes of the Panchayat.
• To identify beneficiaries for different programmes and schemes. However, if the Gram Sabha fails to identify such beneficiaries within a reasonable time, the Gram Panchayat shall identify the beneficiaries.
• To solicit support — in cash or kind or both and voluntary labour — from the public for community welfare programmes.
• To support the programmes of mass education and family welfare.
• To promote unity and harmony among all sections of the society in the village.
• To seek clarification from the Mukhiya, Up-Mukhiya and other members of the Gram Panchayat about any particular activity, scheme, income and expenditure.
• To discuss and recommend appropriate action with regard to reports of the Vigilance Committee.
• Other related matters brought to the notice of the Gram Sabha.
• To consider levy of taxes, rates, rents & fees & enhancement of rates thereof.
• To consider all such matters as may be referred by the Gram Panchayat for its decision.

What is the issue in Gujarat?

• Gujarat notified the State PESA Rules in January 2017, and made them applicable in 4,503 gram sabhas under 2,584 village panchayats in 50 tribal talukas in eight districts of the state.
• However, while the provisions of the law deem the Gram Sabhas as “most competent” to deal with matters related to their territories for safeguarding their customs, traditions as well as the natural resources in the tribal areas, the Act has not been enforced in letter and spirit,.

Powers provided to Gram Sabha and Panchayat 

• Regulate sale/consumption of intoxicants.
• Ownership of minor forest produce.
• Prevent land alienation and restore alienated land.
• Manage village markets.
• Control over money lending to STs.
• Control over institutions and functionaries in social sector, local plans including Tribal sub plans and resources

Role of the state government

• State legislation governing Panchayats in Scheduled Areas must be consistent with customary law, social and religious norms, and traditional community resource management techniques.
• Every village must have a Gram Sabha, made up of people whose names are on the village Panchayat’s electoral lists, which is responsible for safeguarding and preserving the people’s traditions and practices, as well as their cultural identity, community resources, and traditional dispute resolution methods.
• Every Gram Sabha is responsible for approving plans, programs, and projects for social-economic development before implementation at the village level and also identifying beneficiaries under poverty alleviation programs.
• Every village Panchayat will be obliged to get a certificate from the Gram Sabha certifying the use of money for the specified plans, programs, and projects.
• In every Panchayat, the number of seats reserved in Scheduled Areas shall be proportional to the population of the communities for whom reservation is sought under Part IX of the Constitution. The reservation for Scheduled Tribes must not be less than half of the total number of seats. Furthermore, all seats of Panchayat Chairpersons at all levels will be reserved for Scheduled Tribes.
• Scheduled Tribes with no representation in the Panchayat at the intermediate level or the Panchayat at the district level may be nominated by the state government. However, no more than one-tenth of the total number of members to be elected in that Panchayat may be nominated.
• Before acquiring land in the Scheduled Areas for development projects or resettling or rehabilitating persons affected by such projects in the Scheduled Areas, the Gram Sabha or Panchayats at the relevant level must be consulted.