Q. With reference to Panchayat Extension to Scheduled Areas (PESA) Act, 1996, consider the following statements:
1. It provided the Gram Sabha to protect common properties of the tribal communities based on their traditional systems.
2. The act also applies to the schedule areas of the Sixth schedule of the Indian Constitution.
3. The reservation of seats in the Scheduled Areas in every Panchayat should be atleast in proportion to the population of the Scheduled caste and Scheduled tribe communities.
How many of the above given statements are correct?
Exp) Option b is the correct answer.
Statement 1 is correct: PESA Act ensures: Gram sabha to protect the traditions, beliefs and culture of the tribal communities. Also, it provides that Local disputes to be resolved by the gram sabha, Gram sabha to manage and protect common properties based on their traditional systems of management and protection
Statement 2 is incorrect: The PESA Act the provisions of Part IX of the Constitution relating to the panchayats to the fifth scheduled areas. The four northeastern states of Assam, Meghalaya, Tripura and Mizoram are included under 6th Schedule of Indian Constitution and PESA act is not applicable for these areas.
Statement 3 is correct: The reservation of seats in the Scheduled Areas in every Panchayat should be in proportion to the population of the communities. However, the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.
| Important Tips The Gram Sabhas under PESA Act were entrusted with wide-ranging powers to: • Enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant. • Ownership of minor forest produce. • Prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe. • Manage village markets by whatever name is called. • Exercise control over money lending to the Scheduled Tribes. • Exercise control over institutions and functionaries in all social sectors. • Control over local plans and resources for such plans including tribal sub-plans. |
