Panchayats (Extension to Scheduled Areas) Act, 1996

Why in News?

The Jharkhand Cabinet approved the PESA rules, empowering Gram Sabhas with wider administrative and decision-making powers in Fifth Schedule areas—regions with a high tribal population—of the state.

• PESA Act – It extends the Panchayati Raj system or the 73rd Constitutional Amendment provisions to the tribal-dominated Fifth Schedule Areas.
• It gives Gram Sabhas and Panchayats in these areas additional powers to maintain their traditional governance systems.
• Purpose – To decentralise governance, empower Gram Sabhas, and protect tribal traditions, resources, and rights.
• The PESA Act (1996) is called a “Constitution within the Constitution”.
• Recommendation – Bhuria Committee, 1995, has recommended extending Panchayati Raj to tribal areas, which led to the  PESA Act, 1996.
• Applicable in 10 states – Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, Telangana.

Salient Features of the PESA Act

• Power of Gram Sabha – Gram Sabha in every village safeguards culture, resources, and traditional dispute resolution and approves development plans, identifies beneficiaries, and certifies fund utilisation.
• Exclusive Rights of Gram Sabha include -
  • Consultation in land acquisition & rehabilitation.
  • Planning & management of minor water bodies.
  • Recommendations for mining licenses and concessions.
• Gram Sabha has the authority to regulate -
  • Sale/consumption of intoxicants.
  • Ownership of minor forest produce (MFP).
  • Prevention of land alienation & restoration of alienated land.
  • Management of village markets.
  • Control over money lending to the Scheduled Tribes.
  • Oversight of social sector institutions and local plans.
• Representation – Chairperson at every Panchayat level must be from the Scheduled Tribes, and at least 50% reservation of the seats for STs in the Scheduled Areas.

Government Initiatives

• Training – Over 1 lakh participants trained in PESA provisions (2024–25).
• Digital Portal – PESA-Gram Panchayat Development Plan Portal launched for resource allocation and monitoring.
• Capacity Building – Manuals translated into tribal languages (Santhali, Gondi, Bhili, Mundari).
• Centres of Excellence – Established in universities (e.g., Indira Gandhi National Tribal University, Amarkantak).

PESA Day -  on December 24, 2024, by the Ministry of Panchayati Raj.

References

1. Indian Express | Jharkhand Cabinet approves PESA rules
2. PIB | PESA Mahotsav