The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (commonly known as the PESA Act, 1996) is a law enacted by the Government of India to cover the "Scheduled areas", which are not covered in the 73rd amendment or Panchayati Raj Act of the Indian Constitution. It was enacted on 24 December 1996 to enable Gram Sabhas to self-govern their natural resources. It is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.

Background and Purpose:

• Enacted on 24th December 1996, the PESA Act extends the provisions of Part IX of the Constitution (which relates to Panchayats) to the Scheduled Areas.
• It recognizes the unique needs and customary practices of tribal communities and aims to strengthen local governance.

1. Definition:
   • Scheduled Areas: These are areas as referred to in clause (1) of Article 244 of the Constitution.
   • The PESA Act applies specifically to these Scheduled Areas.
      
2. Provision:
   • A state legislation on panchayats in the scheduled area should take care of the customs, religious practices and traditional management practices of community resources
   • Every village shall contain a grama sabha whose members are included in the electoral list for the panchayats at village level.
   • The recommendation of the gram sabha is mandatory for granting mining licenses in the scheduled areas.
   • Planning and management of minor water bodies are entrusted to the panchayats.
      
3. Extension of Part IX of the Constitution:
   1. The Act extends the provisions of Part IX of the Constitution (which deals with Panchayats) to the Scheduled Areas.
   2. However, it allows for exceptions and modifications to suit the local context.
       
4. Key Features:
   • Customary Law and Practices:
     • State legislation on Panchayats in Scheduled Areas must be in consonance with the customary law, social and religious practices, and traditional management practices of community resources.
   • Gram Sabha:
     • 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.
     • The Gram Sabha plays a crucial role in approving plans, programs, and projects for social and economic development.
       • Reservation of Seats:
         • The reservation of seats in the Scheduled Areas at every Panchayat shall be in proportion to the population of the communities in that Panchayat.
         • The reservation for Scheduled Tribes shall not be less than one-half of the total number of seats.
            
5. Empowering Tribal Communities:
   • The PESA Act ensures that tribal communities actively participate in decision-making, resource management, and development planning.
   • It recognizes their cultural identity, customary practices, and traditional dispute resolution mechanisms.

Reference : https://pesadarpan.gov.in/