PROCESS SIMPLIFIED © SYNOPSISIAS PESA Act (Extension Act) ‘+ The Panchayats provisions are not applicable to the Fifth Schedule areas. ‘© At present, ten states have Fifth Schedule Areas ‘© However, the Parliament may extend these provisions to such areas ‘© Hence, the Parliament has enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996. PESA has its backdrop in the recommendations of the Bhuria Committee. Objectives of the Act 1, To extend the panchayats provisions to the fifth scheduled areas with certain modifications, 2. To provide self-rule for the major tribal population, 3. To have participatory village democracy: and to make the gram sabha a nucleus of all 4, To evolve anadministrative framework consistent with traditional practices. 6, To empower panchayats with specific powerseonducive to tribal requirements. 7. To prevent panchayats at the higher level from assuming the powers; and authority of panchayats at the lower level of the gram sabha, Features of the Act 1A state legislation shall be inconsonance with the eustomary laws. 2. A village shall ordinarily consist of habitation(s) or hamlets), 3, Every village shall have a Gram Sabha, 4. Every Gram Sabha shall be competent to safeguard the traditions, communi resources and dispute resolution. 5, Every Gram Sabha shall — i) approve of the plans for socio-economic development before being implemented by the Panchayat. i ider iy the beneficiaries under thepoverty alleviation programmes. 6, Every Panchayat at the village level shall be required to obtain from the Gram Sabha a certification of utilisation of funds for the above plans, 7. The reservation of seats shallbe in propo on to the communities population. However, the reservation for Scheduled Tribes shall not be less than 50%, All seats of Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Ts es. 8, The state government may nominate such Scheduled Tribes which have no representation in the Panchayat at the intermediate level or atthe district level, (Maximum 10%) 9, The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land. However, the actual planning shall be coordinated at the state level. 10, Panchayats shall manage the minor water bodies. 11. The Gram Sabha or the Panchayat’s recommendations are mandatory for prospecting licence or mi auction for minor minerals. ing lease, or Indian Polity 9620206040© SYNOPSISIAS SIMPLIFIED 12. a State Legislature shall ensure that thePanchayats at the appropriate level and the Gram Sabha are endowedspecifcally with ~ (i Provision related to intoxicants. i the ownership of minor forest produce iy the power to prevent unlawfully alienation of landof aScheduled Tribe (iv) the power to manage vil yge markets, (x) the power to control money lending to the Scheduled Tribes. (vi) the power to manage all social sectors. 13, The State Legislature shall follow the patiem of the SixthSchedule while administrativearrangements at district levels. designing the synopsisias.in Indian Polity 9620206040