Forest and Tribal Rights

Forest and Tribal Rights

 

Status of the implementation of Panchayat (Extension to the Scheduled Areas) Act, 1996 (PESA Act), as on 6th June, 2018


• The state having the highest number of PESA districts (both fully and partly covered) is Madhya Pradesh (20), followed by Chhattisgarh (19) and Jharkhand (16). The state having the highest number of PESA blocks is Jharkhand (131), followed by Odisha (119) and Madhya Pradesh (89). The states for which data is not available on PESA villages are Odisha, Rajasthan and Telangana. Please consult table-1.

• Based on the report of Dileep Singh Bhuria Committee submitted in 1995, Parliament enacted the PESA Act (1996). The provisions of the act extends Part IX of the Constitution with certain modifications and exceptions (Section 4) to the Fifth Schedule Areas of 10  states, namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. These Schedule Areas in 10states cover 108 districts (45 fully and 63 partly).


Table 1: Details of notified Fifth Schedule Areas (FSA)/ Panchayat Extension to the Scheduled Areas (PESA) in 10 states

Table 1 Details of notified FSA PESA areas in 10 states of India

Source: Website on Panchayat (Extension to the Scheduled Areas) Act (1996), http://pesadarpan.gov.in/state-profiles (accessed on 6th June, 2018)

Note: ‘NA’ means Not Available
 

• Only six states i.e., Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Rajasthan and Telangana have framed rules for implementation of provisions of PESA Act.

• In 7 states viz. Andhra Pradesh, Telangana, Gujarat, Jharkhand, Odisha,  Maharashtra and Rajasthan, there is no compliance of concerned subject laws under land acquisition with the PESA Act. Please check table-2.

• In 6 states viz. Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Madhya Pradesh and Rajasthan, there is no compliance of concerned subject laws under forest produce with the PESA Act. Please check table-2.

• In 4 states viz. Andhra Pradesh, Telangana, Jharkhand and Maharashtra, there is no compliance of concerned subject laws under mines and minerals with the PESA Act. Kindly consult table-2.

Table 2: Status of compliance of concerned State subject laws with the PESA Act

Table Compliance status of concerned state subject laws with the PESA Act

Source: Answer by the Minister of State for Panchayati Raj Shri Parshottam Rupala to the Unstarred Question no. 1463 of Lok Sabha, (to be answered on 9 March, 2017), please click here to access (accessed on 6th June, 2018)

Website on Panchayat (Extension to the Scheduled Areas) Act (1996), http://pesadarpan.gov.in/state-profiles (accessed on 6th June, 2018)

 

Note: * Jharkhand Government adopted a resolution on 8th February, 2007 conferring ownership right over Minor Forest Produce (MFP) to Gram Panchayats; 'Y' means Yes and 'N' means No

 

• Chhattisgarh has not made its Panchayati Raj Act compliant with sections 4(m)(ii) and 4(m)(v) of the PESA Act.

• Gujarat has not made its Panchayati Raj Act compliant with section 4(m)(i) of the PESA Act.

• Jharkhand has not made its Panchayati Raj Act compliant with sections 4(i), 4(j), 4(k), 4(l), 4(m)(i), 4(m)(ii), 4(m)(iii) and 4(m)(v) of the PESA Act (1996).

• Maharashtra has not made its Panchayati Raj Act compliant with sections 4(h) and 4(m)(iv) of the PESA Act.

• The state of Madhya Pradesh has not made its Panchayati Raj Act compliant with section 4(m)(i), 4(m)(ii), 4(m)(iii) and 4 (m)(v) of the PESA Act.

• The effective implementation of the PESA Act is expected to bring about the following benefits to the tribal population:

a. Institutionalize self-governance and people’s participation in decision making. By notifying Gram Sabha at village (hamlets or group of hamlets/ habitation or group of habitations) level, people will feel more comfortable in taking part in the governance of the village;

 

b. Reduce alienation in tribal areas as they will have control over the utilization of public resources in the village through Gram Sabha;

c. Reduction of alienation and resentment among tribal population will have a positive impact in reducing left wing extremism in the districts affected by it;

d. Reduce poverty and out-migration among tribal population as they will have control over natural resources such as minor water bodies, minor forest produce, minor minerals, etc. Control over and management of these resources will improve their livelihoods and incomes;

e. Minimise exploitation of tribal population as they will be able to control and manage money lending, consumption and sale of liquor and also village markets;

f. Check illegal land alienation and also restore unlawfully alienated tribal land. This will not only reduce conflict but will also improve socio-economic status of tribals;

g. Better implementation on developmental schemes and programmes due to enhanced people’s participation in planning and identification of beneficiaries;

h. More accountable and responsive local administration due to control over functionaries of social sector and also power to issue utilisation certificates;

i. Promotion of cultural heritage through preservation of traditions, customs and cultural identity of tribal population. 

 

Table 3: Compliance of State Panchayati Raj Acts with Section 4 of PESA Act 

Table 3 Compliance of State Panchayati Raj Acts with Section 4 of PESA Act

Source: Answer by the Minister of State for Panchayati Raj Shri Parshottam Rupala to the Unstarred Question no. 1463 of Lok Sabha, (to be answered on 9 March, 2017), please click here to access (accessed on 6th June, 2018)

 

Note: 'Y' denotes the provision has been made PESA compliant and 'N' denotes action is yet to be completed 


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