PESA ACT

Introduction
• The Provision of the Panchayat (Extension to the Scheduled Areas) Act,
1996 popularly known as PESA was enacted to bring the Scheduled Areas
in nine States of the country under the purview of national framework of
Panchayat.
Background to PESA
PESA is a law enacted by Government of India to cover the “Scheduled Areas”,
which are not covered in the 73rd Constitutional amendment.

PESA brought powers further down to the Gram Sabha level.

The Gram Sabha in the Panchayat Act were entrusted with wide ranging powers
starting from consultation on land acquisition to that of ownership over minor forest
produces and leasing of minor minerals.

PESA became operative at a time when Indian economy was opening up all its
frontiers to foreign direct investment. The mining sector, which is mostly located in
the scheduled areas of the country where PESA operates, were made open to
MNCs and the Indian Corporate sector for exploitation of mineral resources at a
throwaway price.

One of the highlighting features of PESA is its suggestion that, every Gram Sabha
shall be competent to safeguard and preserve the traditions and customs of the
people, their cultural identity, community resources and the customary mode of
dispute resolution

Objectives of the PESA Act -

 Extend Panchayat provisions of Part 9 of the Constitution to the scheduled areas

with certain changes.
 Give self-rule for bulk of the tribal population.
 To make Gram Sabha nucleus of all activities thus having village governance with
participatory democracy.
 Have a suitable administrative framework consistent with traditional practices.

 To safeguard and to preserve the traditions and customs of tribal communities.

To empower Panchayats at the appropriate levels with specific powers conducive to
tribal requirements.
 Prevent Panchayats at the higher level from taking over powers and authority of
panchayats at the lower level

Salient feature of the PESA

 To be consulted on matters of land acquisition and resettlement.

 Grant prospecting license for mining lease for minor minerals and concessions for
such activities.
 Planning and management of minor water bodies.
 The power to enforce prohibition or to regulate or restrict the sale and consumption
of any intoxicant.
 The ownership of minor forest produces.
 The power to prevent alienation of land and to restore any unlawfully alienated land
of a scheduled tribe.
 The power to manage village markets.
 The power to exercise control over money lending to scheduled tribes.

Importance of PESA

1. Effective implementation of PESA will not only bring development but

will also deepen democracy in Fifth Schedule Areas. There are many
benefits of PESA.

2. It will enhance people’s participation in decision making.

PESA will reduce alienation in tribal areas as they will have better
control over the utilisation of public resources.
3. PESA will reduce poverty and out-migration among tribal population as
they will have control and management of natural resources will improve
their livelihoods and incomes.
4. PESA will 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.
most importantly PESA will promote cultural heritage through
preservation of traditions, customs and cultural identity of tribal population.

Problems with PESA

Lack of coordination at Centre
Two different ministries, the Ministry of Panchayati Raj and the Ministry of Tribal
Affairs, have an overlapping influence on the implementation of PESA and they
function almost without any coordination.
Lack of operationalization: In most of the state the enabling rules are not in place
more than eight years after the adoption of the Act.
Ambiguous definitions: No legal definition of the terms like minor water bodies, minor
minerals etc. exist in the statute books.