PESA Act, 1996 One Liner Notes

PANCHAYATS (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996?

PREAMBLE

What is the Act number of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996?

Act No. 40 of 1996.

When was the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 enacted?

24th December, 1996.

What is the purpose of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996?

To provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.

To which areas does the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 extend the provisions of Part IX of the Constitution?

The Scheduled Areas.

Which Part of the Constitution is extended to the Scheduled Areas under the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996?

Part IX of the Constitution relating to the Panchayats.

In which year of the Republic of India was the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 enacted?

The Forty-seventh Year of the Republic of India.

What is the subject matter of Section 1?

Short title.

What is the short title of the Act under Section 1?

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

What is the subject matter of Section 2?

Definition.

What does "Scheduled Areas" mean under Section 2?

The Scheduled Areas as referred to in Article 244(1) of the Constitution.

What is the subject matter of Section 3?

Extension of Part IX of the Constitution.

Which Part of the Constitution is extended under Section 3?

Part IX of the Constitution relating to Panchayats.

To which areas is Part IX of the Constitution extended under Section 3?

The Scheduled Areas.

To what are the provisions of Part IX extended under Section 3 subject?

Such exceptions and modifications as are provided in Section 4.

What is the subject matter of Section 4?

Exceptions and modifications to Part IX of the Constitution.

What is the effect of the non-obstante clause in Section 4?

A State Legislature shall not make any law under Part IX of the Constitution inconsistent with the features specified in Section 4.

With what must State legislation on Panchayats be in consonance under Section 4(a)?

Customary law, social and religious practices, and traditional management practices of community resources.

What ordinarily constitutes a village under Section 4(b)?

A habitation or group of habitations or a hamlet or group of hamlets comprising a community and managing its affairs in accordance with traditions and customs.

Who constitutes the Gram Sabha under Section 4(c)?

Persons whose names are included in the electoral rolls for the Panchayat at the village level.

What are the functions of the Gram Sabha under Section 4(d)?

To safeguard and preserve the traditions and customs of the people, their cultural identity, community resources, and the customary mode of dispute resolution.

What must the Gram Sabha approve under Section 4(e)(i)?

Plans, programmes and projects for social and economic development before their implementation by the village Panchayat.

What is the responsibility of the Gram Sabha under Section 4(e)(ii)?

Identification or selection of beneficiaries under poverty alleviation and other programmes.

What certification must every village Panchayat obtain from the Gram Sabha under Section 4(f)?

Certification of utilisation of funds for the plans, programmes and projects referred to in Section 4(e).

How is reservation of seats in Panchayats in Scheduled Areas determined under Section 4(g)?

In proportion to the population of the communities for whom reservation is sought under Part IX of the Constitution.

What is the minimum reservation for Scheduled Tribes under the first proviso to Section 4(g)?

Not less than one-half of the total number of seats.

For whom are all seats of Chairpersons of Panchayats at all levels reserved under the second proviso to Section 4(g)?

Scheduled Tribes.

Whom may the State Government nominate under Section 4(h)?

Persons belonging to Scheduled Tribes having no representation in the intermediate or district level Panchayat.

What is the maximum limit for nomination under the proviso to Section 4(h)?

One-tenth of the total members to be elected in that Panchayat.

When must the Gram Sabha or the appropriate Panchayat be consulted under Section 4(i)?

Before acquisition of land for development projects and before resettlement or rehabilitation of affected persons in Scheduled Areas.

To whom is the planning and management of minor water bodies in Scheduled Areas entrusted under Section 4(j)?

Panchayats at the appropriate level.

What is mandatory before the grant of a prospecting licence or mining lease for minor minerals under Section 4(k)?

The recommendation of the Gram Sabha or the Panchayat at the appropriate level.

What is mandatory before granting a concession for exploitation of minor minerals by auction under Section 4(l)?

The prior recommendation of the Gram Sabha or the Panchayat at the appropriate level.

What powers must the Gram Sabha and Panchayats be specifically endowed with under Section 4(m)?

Powers necessary to enable them to function as institutions of self-government.

What power relating to intoxicants must be conferred under Section 4(m)(i)?

The power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicant.

Who owns minor forest produce under Section 4(m)(ii)?

The Gram Sabha or Panchayats at the appropriate level.

What power regarding land in Scheduled Areas must be conferred under Section 4(m)(iii)?

The power to prevent alienation of land and to restore unlawfully alienated land of a Scheduled Tribe.

What power regarding village markets must be conferred under Section 4(m)(iv)?

The power to manage village markets by whatever name called.

What power regarding money lending must be conferred under Section 4(m)(v)?

The power to exercise control over money lending to the Scheduled Tribes.

What power regarding social sectors must be conferred under Section 4(m)(vi)?

The power to exercise control over institutions and functionaries in all social sectors.

What power regarding local plans must be conferred under Section 4(m)(vii)?

The power to control local plans and resources for such plans, including tribal sub-plans.

What safeguard must State legislation provide under Section 4(n)?

That higher-level Panchayats do not assume the powers and authority of lower-level Panchayats or the Gram Sabha.

Which constitutional pattern should the State Legislature endeavour to follow under Section 4(o)?

The pattern of the Sixth Schedule to the Constitution.

For what purpose should the Sixth Schedule pattern be followed under Section 4(o)?

While designing the administrative arrangements for district-level Panchayats in the Scheduled Areas.

What is the subject matter of Section 5?

Continuance of existing laws and panchayats.

What is the effect of the non-obstante clause in Section 5?

Existing Panchayat laws in Scheduled Areas continue notwithstanding Part IX of the Constitution as modified by this Act.

Which laws continue in force under Section 5?

Laws relating to Panchayats in force in the Scheduled Areas immediately before the date on which this Act received the assent of the President, even if inconsistent with Part IX as modified by this Act.

Until when do inconsistent Panchayat laws continue in force under Section 5?

Until amended or repealed by a competent Legislature or other competent authority, or until the expiry of one year from the date on which this Act received the assent of the President, whichever is earlier.

Which Panchayats are protected by the proviso to Section 5?

Panchayats existing immediately before the date on which this Act received the assent of the President.

Until when do such existing Panchayats continue?

Until the expiration of their duration unless sooner dissolved.

How may existing Panchayats be dissolved before the expiry of their duration?

By a resolution passed by the Legislative Assembly of the State or, where the State has a Legislative Council, by each House of the State Legislature.