PESA ACT OF 1996

The Panchayats (Extension to the Scheduled Areas) Act, 1996, commonly known as the PESA Act, is a legislation aimed at extending the provisions of the Panchayati Raj system to the tribal-dominated areas of India. Enacted to address the unique needs and concerns of Scheduled Areas, where tribal communities reside, the PESA Act recognizes the traditional self-governance practices of these communities and seeks to empower them in matters related to local administration and natural resource management.

Key Provisions of the PESA Act:

1. Definition of Scheduled Areas (Section 2(g)):
   • The Act defines “Scheduled Areas” as areas designated as such under the Fifth Schedule of the Constitution, primarily inhabited by Scheduled Tribes.
2. Application of Panchayati Raj System (Section 4):
   • The PESA Act extends the provisions of the Panchayati Raj system to Scheduled Areas, subject to certain modifications and additional powers provided by the Act.
3. Gram Sabha Empowerment (Section 4 and Section 5):
   • Compulsory Provision: The Gram Sabha (village assembly) is recognized as the primary authority for self-governance in Scheduled Areas.
   • Powers of Gram Sabha:
     • Approving plans, programs, and projects for social and economic development.
     • Ensuring control over resources such as minor forest produce and water.
     • Managing the local economy, agriculture, and credit plans.
     • Approving land acquisition and resettlement and rehabilitation programs.
   • Role of Gram Sabha in Executive Powers:
     • Deciding on land acquisition for development projects.
     • Granting prospecting licenses or mining leases for mineral resources.
     • Managing minor water bodies for agricultural purposes.
4. Composition of Gram Sabha (Section 4(2)):
   • The Gram Sabha consists of all adults in the village and has the right to elect representatives to the Panchayats at the village level.
5. Discretion to State Legislatures (Section 4(3)):
   • State legislatures have the discretion to make regulations for the effective implementation of the Panchayati Raj system in Scheduled Areas.
6. Executive Powers of Panchayats (Section 4(4)):
   • The executive powers of Panchayats at the village level extend to matters specified in the Fifth Schedule.
7. Protection of Social and Cultural Practices (Section 6):
   • The Act protects the social, religious, and cultural practices of tribal communities, preventing interference in these aspects by external authorities.
8. Role of State Governments (Section 7):
   • State governments are required to enact laws to extend the Panchayati Raj system to Scheduled Areas, taking into account the local customs, traditions, and resource management practices of the tribal communities.
9. Conflict Resolution (Section 8):
   • The Act provides mechanisms for resolving conflicts between the Gram Sabha and Panchayats at different levels and between different levels of Panchayats.
10. Implementation of Provisions (Section 9):
    • The Act requires states to take necessary steps for the effective implementation of its provisions in Scheduled Areas.

Significance of the PESA Act:

1. Empowerment of Tribal Communities:
   • The PESA Act empowers tribal communities in Scheduled Areas by recognizing their traditional self-governance practices and granting them significant decision-making authority.
2. Protection of Tribal Rights:
   • The Act ensures the protection of tribal rights over land, resources, and cultural practices, safeguarding them from external interference.
3. Enhanced Local Autonomy:
   • The Gram Sabha’s central role in decision-making enhances local autonomy and ensures that development initiatives align with the needs and aspirations of tribal communities.
4. Conflict Resolution Mechanism:
   • The Act provides mechanisms for conflict resolution, ensuring harmonious relationships between different levels of Panchayats and tribal communities.
5. Customization to Local Context:
   • By allowing for the customization of the Panchayati Raj system to the local customs and traditions of Scheduled Areas, the Act recognizes the diversity of governance practices.

The PESA Act of 1996 represents a crucial step towards empowering tribal communities in Scheduled Areas, recognizing their unique governance practices, and fostering sustainable development in alignment with their cultural and social values.