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Polity & Governance
Mahesh

10/08/22 06:10 AM IST

Chhattisgarh govt implements extension of panchayat rights in scheduled areas

In News 
The Chhattisgarh government implemented the extension of panchayat rights in scheduled areas — PESA Rule-2022 on World Tribal Day.

PESA Rules 2022 
  • Chhattisgarh’s PESA Rules mandate that 50% of the members of the Gram Sabha are from Tribal communities (of which 25% will be female members). For PESA Act to be effective, it is important that Rules be framed by the states.
  • Out of 10 states (Andhra, Telangana, Chhattisgarh, Gujarat, HP, Jharkhand, MP, Maharastra, Odisha, and Rajasthan) who have notified 5th Schedule Areas, only 7 states (including Chhattisgarh and Gujarat) have notified Rules to implement the PESA Act.
  • States coming in the 6th Scheduled are: Assam, Meghalaya, Tripura, and Mizoram (remember as ‘AMTM’).
PESA Act, 1996 
  • It extends the provisions of Panchayats (Part IX of the constitution) to the Fifth Schedule Areas. These areas have a huge tribal population.
  • It ensures self-governmance through Gram Sabhas (village assemblies) for people living in the Scheduled Areas.
  • The 73rd constitutional amendment (19992) gave shape to a three-tier Panchayati Raj Institution, however, its application to the scheduled and tribal areas under Article 243(M) was restricted.
  • It was after the Bhuria Committee recommendations in 1995 that PESA Act 1996 came into existence.
Powers of Gram Sabha under PESA Act 
  • Consultation before the land acquisition, prevent land alienation, power to enforce prohibition, prior approval of all developmental projects and control over tribal sub-plan, maintenance of cultural identity and tradition, control over schemes affecting the tribals etc.
  • Judicial powers: Dispute resolution as per traditional laws and customs: the collective resolution of disputes on the basis of customs, traditional laws and religious beliefs of tribal areas.
  • Ownership and management of natural resources: E.g. water, forest, common lands (‘Jal, Jangal, and Zameen’), minor forest produce, minor minerals, etc.
  • Minor Forest Produce: It has been defined under FRA 2006, as those including all nontimber forest produce of plant origin, including bamboo, brushwood, stumps, cane, tussar, etc.
Source- PIB 

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