Enquire Now

Blog Details

Polity

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

·         The panchayet (Extension of the scheduled  Areas) Act, 1996 or PESA, was enacted by the Centre to confirm self-governance through gram sabhas (village assemblies) for individuals 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 lawfully recognises the correct of tribal communities, residents of the scheduled  areas, to govern themselves through their own systems of self-determination, and conjointly 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, exercise management over minor (non-timber) forest resources, minor water bodies and minor minerals, managing native markets, preventing land alienation and regulation intoxicants among different things.

·         State governments were needed to amend their various panchayet raj Acts while not creating any law that will be inconsistent with the mandate of PESA.

·         Six states have formed the PESA laws, and Chhattisgarh would become the seventh state if the principles are enacted.

 

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

·         PESA rules modify the residents of scheduled  areas to strengthen their village-level bodies by transferring power from the govt. 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, management over schemes affecting the tribals, and management over natural resources within the area of a village.

·         The PESA Act therefore permits gram sabhas to maintain a security internet over their rights and surroundings against external or internal conflicts. while not correct rules, its implementation isnt doable because it is an exercise in decentralising the facility from institutionalised structures, back to the village residents.

·         The laws, once formed, can provide gram sabhas the facility to take choices not only over their customs and traditionally managed resources, however also on the minerals being excavated from their areas.

·         The rules state that the gram sabha can have to be kept informed  by any and all agencies operating in their village, which the gram sabha has the ability to approve or stop the work being done at intervals the village limits.

·         The rules also provide power to the gram sabhas over management of resources over jal, jangal, zameen (water, forest and land), the 3 major demands of tribals; minor forest produce; mines and minerals; markets; and human resources.

·         The gram sabha would have the powers to watch and forbid the producing, transport, sale and consumption of intoxicants at intervals their village limits.

·         It also has a duty to maintain peace and resolve conflicts arising within the village, whereas protective 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 management over cash loaning to scheduled  tribes.

·         While giving such wide-ranging powers to Gram Sabhas or Panchayats, PESA has futher given another responsibility to States that they will endow Panchayats with powers and authority as could also be necessary to enable them to function as establishments of self-determination.

Share:

Comments