Panchayats Extension to Scheduled Areas Act, 1996

Panchayats Extension to Scheduled Areas Act (PESA) Act, 1996: Panchayats Extension to the Scheduled Areas Act, 1996 which is popularly known as the PESA Act was enacted in 1996 by the Government of India on the recommendations made by Dilip Singh Bhuria Committee. This act was passed in order to extend the provisions of the panchayat mentioned in Part 9 and Schedule 11 (added by the 73rd amendment act of 1992) of the constitution to the schedules areas mentioned in the 5th schedule of the Indian Constitution because the acts of center and states do not apply to the schedules areas.

Objectives of Panchayats Extension to Scheduled Areas Act (PESA)

The objectives of this act are as follows:

• This act aims to extend the provisions of the Panchayat and 73rd amendment to the scheduled areas mentioned in the 5th schedule of the constitution.
• Provide an institute of local government in tribal areas also
• To include villages in the governance of the country and empower gram sabha
• To establish local governments in scheduled areas in accordance with the customs and traditions of the scheduled classes
• To preserve the customs and traditions of the tribals
• To protect the powers of the lower level of panchayat and gram sabha from being taken over by the higher level panchayats.

Salient Features of the PESA Act, 1996

The salient features of the PESA Act are as follows:

• The state legislation made for the panchayats in scheduled areas should be in consonance with customary traditions and laws of the local communities.
• A village will comprise of the habitation, hamlets or group of habitations and hamlets while shall comprise of community that is responsible to manage its affairs according to the traditions and laws of the community.
• There should be a gram sabha in each village that will consist of all the electors registered in the electoral rolls of the village.
• The gram sabha shall be responsible for protecting the customs and traditions of the people in the village.
• Gram sabha should also be responsible for the approval of plans of development before they are taken up for implementation at village level.
• Gram sabha shall be responsible to identify the people eligible for the various schemes and programmes.
• The panchayat at village level should get a certification from the gram sabha in order to utilise the funds for these programmes.
• Seats shall be reserved in the panchayat for SC and ST communities in proportion of their population. The reservation for ST should be atleast half of the total seats and the seats of chairpersons at all levels of panchayats will be reserved for ST community only.
• Persons may be nominated from schedule tribes at intermediate and district level panchayat if the community is not adequately represented in the panchayat. This nomination will be done by the state legislature. The maximum number of persons to be nominated cannot exceed one-tenth of the total members of the panchayat.
• State government needs to consult gram sabha before acquisition of land in the schedule areas and before rehabilitation of people in these areas but the actual implementation of the projects shall lie in the hands of the state government.
• Panchayat at appropriate level shall be responsible for the maintenance of the water bodies in the scheduled areas.
• It is mandatory to get recommendations from gram sabha or panchayat at appropriate level to grant licenses for mining of minor minerals in the scheduled areas.
• State government needs to ensure that the panchayats in the scheduled areas are given the power related to:
  • Prohibit the use or sale of intoxicants
  • Ownership of minor forest produce such as bamboo
  • prevent alienation of people in these areas and rehabilitation of people if the alienation has already taken place
  • Managing affairs related to village markets
  • Control money lending in these areas
  • Control local social institutions
• State legislature must ensure that the panchayats at the upper level do not assume the powers of the lower level panchayats or the gram sabha
• Any law that is in force but inconsistent with this act shall cease to be in force after the expiry of one year from the date of commencement of this act. The panchayats that are in power before this act shall remain for their tenure but can be dissolved sooner by the state legislature.

Problems Related to Panchayats Extension to Scheduled Areas Act (PESA), 1996

There are various concerns that are related to PESA Act. These are:

• Many provisions of this act have vague definitions and are not clear. Thus there can be different interpretations of different provisions.
• There is very little or no adequate funding to the lower levels of panchayat to enable them to function as units of local self government.
• Mostly there are conflicts between the provisions of this act and the central and state laws.
• Lack of awareness of the people in scheduled areas about the powers of Panchayat and the Gram sabha.
• The laws related to minor forest produce, minerals, water bodies may be replaced by the new laws anytime.

Conclusion

Though there are some problems with the act the advantages that this act has provided outnumber the problems. This act has led to the decentralization of powers in the scheduled areas as well and has made an effort to streamline the scheduled areas with the mainstream. It has also enabled the scheduled areas to manage their affairs in accordance with the customs and traditions which has provided them both the security of their cultural life and an institution of self-government. Panchayats in the scheduled areas have been able to work for the betterment of the people in the scheduled areas. Thus PESA Act has proved a great milestone in the establishment of panchayats all over India.