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.
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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.
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