PESA Act 1996

About 

• PESA Act 1996 stands for the Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996.
• It is a law enacted by the Parliament to extend the provisions of Part IX of the Constitution regarding the Panchayats to the 5th Scheduled Areas in a slightly modified form.

Need for PESA Act 1996

• As per the 73rd Constitutional Amendment Act, 1992, the provisions of Part IX of the Indian Constitution relating to the Panchayats are not relevant to the Fifth Schedule areas.
• However, it offers that the Parliament may also amplify those provisions to these regions, problem to such exceptions and adjustments as it can specify.
• It is under this provision that the Parliament enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996, popularly called the PESA Act or the Extension Act.
• This law extends the provisions of Part IX (Panchayats) of the Constitution to the Fifth Schedule Areas, but with certain exceptions and changes to match the specific wishes and occasions of the tribal communities in these regions.
• Thus, in essence, the PESA Act bridges the gap between the constitutional provisions for Panchayats and the unique repute granted to the Fifth Schedule Areas, through extending the Panchayati Raj framework to those regions whilst also accommodating the conventional rights and governance systems of the tribal populations dwelling in such areas.

Objectives of PESA Act 1996

• To extend the provisions of Part IX of the Indian Constitution referring to the Panchayats to the Scheduled areas with sure modifications.
• To provide self-rule for the majority of the tribal population.
• To have village governance with participatory democracy and to make the Gram Sabha a nucleus of all activities.
• To evolve a suitable administrative framework constant with traditional practices.
• To guard and preserve the traditions and customs of tribal groups.
• To empower Panchayats at the ideal ranges with precise powers conducive to tribal requirements.
• To save you Panchayats at the higher level from assuming the powers and authority of Panchayats at the lower degree of the Gram Sabha.

Applicability of PESA Act 1996

• The Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act) is relevant to the Fifth Schedule (5th Schedule) Areas.
• As of now, the following 10 states have unique Fifth Schedule Areas:
  • Andhra Pradesh,
  • Telangana,
  • Chhattisgarh,
  • Gujarat,
  • Himachal Pradesh,
  • Jharkhand,
  • Madhya Pradesh,
  • Maharashtra,
  • Odisha, and
  • Rajasthan.
• Each of these ten states has enacted the vital compliance law through amending their respective Panchayati Raj Acts to align with the provisions and goals of the PESA Act.

Features of PESA Act 1996

• A state law at the Panchayats in the Scheduled Areas shall be in consonance with the standard law, social and non secular practices, and traditional control practices of network sources.
• A village shall frequently encompass a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and handling its affairs according to traditions and customs.
• Every village shall have a Gram Sabha including people whose names are protected within the electoral rolls for the Panchayat on the village level.
• Every Gram Sabha shall be ready to shield and preserve the traditions and customs of the human beings, their cultural identity, network assets, and the normal mode of dispute resolution.
• Every Gram Sabha shall:
  • approve of the plans, applications, and tasks for social and economic development before they are taken up for implementation via the Panchayat at the village degree, and
  • be chargeable for the identification of beneficiaries underneath poverty comfort and different applications.
• Every Panchayat on the village level shall be required to achieve from the Gram Sabha a certification of utilization of finances for the above plans, programs, and initiatives.
• The reservation of seats within the Scheduled Areas in every Panchayat will be in percentage to the populace of the groups for whom reservation is sought to accept under Part IX of the Constitution.
• Further, all seats of Chairpersons of Panchayats at all tiers shall be reserved for the Scheduled Tribes.
• The State Government may nominate such Scheduled Tribes that haven’t any illustration inside the Panchayat at the intermediate level or the Panchayat at the district level.
• The Gram Sabha or the Panchayats at the best degree shall be consulted before making the purchase of land within the Scheduled Areas for development projects and before resettling or rehabilitating persons laid low with such projects in the Scheduled Areas.

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