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PESA (Panchayat Extension to Scheduled Areas) Act 1996

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The PESA Act was formulated in the year 1996 by the Central Government for the people living in Scheduled areas. The Act has provisions for the self-governance of these people through Gram Sabhas (village assemblies). Gram sabha plays a major role in all the developmental plans of such areas. 
Scheduled areas are those areas where tribal communities reside. For centuries Tribal communities have flourished in Forest areas on forest produce and cultivating forest land. However, the British Indian Forest Act 1927 subjugated tribal people’s inherent rights. Although amendments were made after independence, the proliferation of many illegal practices in the forest area introduced the ‘PESA act 1996’.

The Act extends power and authority to Gram Sabha and Panchayats of nine states that have Fifth Schedule Areas. The Northeastern states under Sixth Schedule Areas (where autonomous councils already exist) are not covered by PESA. The ten states with Fifth Schedule areas are Jharkhand, Chhattisgarh, Himachal Pradesh, Madhya Pradesh, Andhra Pradesh, Telangana, Gujarat, Maharashtra, Odisha, and Rajasthan.

Thus, the Act acknowledged the forest dwellers or tribal people and recognized the need for their development and restoration.

The Powers of Gram Sabha:

1. For Developmental decisions, Gram Sabha has been vested with the power to enforce the prohibition against any forceful tribal land acquisition. Their prior approval and consultation are compulsory before all developmental projects. As Gram Sabha has the power to issue utilization certificates for developmental expenditure.

2. PESA empowers Gram Sabha to take corrective actions for the restoration of unlawfully alienated land and take preventative measures to curtail the alienation of land.

3. It is only after Gram Sabha approves or recommends the proposed land acquisition and rehabilitation plan that any land development can take place in these regions.

4. Gram Sabha has the responsibility  to take resolution keeping into consideration the Tribal traditional laws and customs of the specific region

5. Power to safeguard the ownership and management of Natural resources. Its maintenance, usage, and occupation should be monitored by Gram Sabha.  So, they have the power to carry out effective implementation and monitoring of related laws for the tribal community over water resources, common lands, minor forest produce, minor minerals, etc. as well as.

  • Right to plan and manage minor water bodies in the Scheduled Areas.
  • Consider recommendations prior to granting the prospecting license or mining lease for minor minerals and concession for the exploitation of minor minerals by auction in the Scheduled Areas.
  • Evaluate ownership of minor forest produce.
  • Gram Sabha has to ensure that community resources are utilized in an effective manner so that there is no disparity and sufficient livelihood for everyone.

6.  They can conduct a selection of beneficiaries for the utilization of funds by the panchayats under poverty alleviation and other schemes for individual benefits.

7. Are given control over institutions and functionaries of social sectors.

8. The power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.

9. They can control any money lending activity in the Scheduled Tribes.

10. Power to manage village markets and control local plans and resources including tribal sub-plans.

11. Other important provisions under PESA for the Gram Sabha’s ownership of Minor Forest Produce 

  • To ensure the protection of trees or plants which yield minor forest produce and take necessary steps for the protection of endangered plant species, Gram Sabha can impose restrictions on the collection or extraction of plant material or products.
  • Another important thing Gram Sabhas can decide is the minimum support price for the collection of Minor Forest Produce or exchange rates for other commodities. Only in consultation with the Forest Department or State Co-operative or any other State-owned agencies who are involved in MFP trade.
  • The royalty payable by the collector or the trader on Minor Forest Produce may be intervened by the Gram Sabha. The amount generated through royalty is to be deposited in Gram Sabha Kosh. 
  • In order to collect or transport any item of Minor Forest Produce by any department or institution or individual who is not a member of Gram Sabha, Permission is required.

However, there are many loopholes meandering, and disputes going on amongst Gram Sabha, Village Panchayat, and the state legislature. More stringent rules and effective on-ground implementation of these rules are required, to overpower the exploitation and manipulation of the land and people.


Last Updated : 26 Aug, 2022
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