About the law:
- The act intends to provide tribal self-rule for people living in scheduled and tribal areas.
- To promote local self-governance in rural India, the 73rd constitutional amendment was made in 1992, due to which a three-tier Panchayati Raj Institution was made into a law.
- However, its application to the scheduled and tribal areas under Article 243(M) was restricted.
- After the Bhuria Committee recommendations in 1995, PESA Act 1996 came into existence for
- The PESA Act conferred the absolute powers to Gram Sabha, whereas state legislature has given an advisory role to ensure the proper functioning of Panchayats and Gram Sabhas.
Features of the Act:
Gram sabha:
Constitution– Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level.
Gram Sabha to safeguard and preserve the-
(a) traditions and customs of the people, and their cultural identity,
(b) community resources, and
(c) customary mode of dispute resolution.
Gram Sabha has mandatory executive functions to-
(a) approve plans, programmes and projects for social and economic development.
(b) identify persons as beneficiaries under the poverty alleviation and other programmes.
(c) issue a certificate of utilisation of funds by the Panchayat for the plans; programmes and projects.
Gram sabha and Panchayat:
Powers exclusive to Gram Sabha/Panchayat at appropriate level-
(a) right to mandatory consultation in land acquisition, resettlement and rehabilitation of displaced persons.
(b) Panchayat at an appropriate level is entrusted with planning and management of minor water bodies.
(c) Mandatory recommendations by Gram Sabha or Panchayat at appropriate level prior to grant of prospecting licenses, mining leases, concessions for minor minerals.
Powers endowed to Gram Sabha and Panchayat at appropriate level to-
(a) regulate sale/consumption of intoxicants.
(b) ownership of minor forest produce.
(c) prevent land alienation and restore alienated land.
(d) manage village markets.
(e) control over money lending to STs.
(f) control over institutions and functionaries in social sector, local plans including Tribal sub plans and resources
