Panchayats Extension to Scheduled Areas (PESA) Act of 1996: Empowering Tribal Communities

Introduction

• The provisions of Part IX of the constitution regarding Panchayats do not apply to the areas specified in the Fifth Schedule. However, the Parliament has the power to extend these provisions to such areas, with specific exceptions and modifications. In accordance with this authority, the Parliament enacted this Act.

Features of PESA Act

• State legislation on the Panchayats in the Scheduled Areas to be in consonance with the customary law, social and religious practices and traditional management practices of community resources.
• A village shall consist of habitation or a group of habitation comprising a community and managing its affairs in accordance with traditions and customs.

• Reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities. Reservation for the Scheduled Tribes shall not be 50% of the total seats.
• Chairpersons of Panchayats at all levels shall be reserved for the Scheduled Tribes.
• State government may directly nominate STs which have no representation in the Panchayat at the intermediate level or the Panchayat at the district level (not exceeding one-tenth of the total members).
• The Gram Sabha or the Panchayats to be consulted before acquisition of land in the Scheduled Areas for development projects and resettling or rehabilitating 
• Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats.
• The recommendations of the Gram Sabha or the Panchayats are mandatory for the grant of prospecting license or mining lease for minor minerals in SAs and, concession for exploitation of minor minerals by auction.
• Power 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, manage village markets, control over money lending to the Scheduled Tribes and  institutions and functionaries in all social sectors
• The power to control local plans and resources for such plans including tribal sub-plans
• The State legislations shall incorporate safeguards to prevent Panchayats at higher levels from usurping the powers and authority of any Panchayat at a lower level or the Gram Sabha.
• The State Legislature shall strive to emulate the administrative structure outlined in the Sixth Schedule to the Constitution while formulating the administrative setup for the Panchayats at the district level in the Scheduled Areas.
• Any provision of any law (relating to Panchayats in the Scheduled Areas) inconsistent with the PESA Act shall cease to be in force at the expiry of one year from the date on which this Act  receives the assent of the President.