GS PrelimsPolityProvisions of the Panchayats (Extension to Scheduled Areas) Act, PESA 19962012
In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?
1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
2. Gram Sabha has the ownership of minor forest produce.
3. Recommendation of Gram. Sabha is required for granting prospecting licence or mining lease, for any mineral in the Scheduled Areas,
Which of the statements given above is/are correct?
A
1 only
B
1 and 2. only
C
2 and 3 only
D
1, 2 and 3
Correct Answer: Option B
Explanation
1. Statement 1 is correct. The Panchayat (Extension to the Scheduled Areas) Act, 1996 (PESA Act) empowers the Gram Sabha to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution. Section 4(d) states that every Gram Sabha shall be competent to safeguard community resources, which includes the power to prevent alienation of land in the Scheduled Areas.
2. Statement 2 is correct. Section 4(m)(ii) of the PESA Act explicitly vests the ownership of minor forest produce with the Gram Sabha.
3. Statement 3 is incorrect. Section 4(k) of the PESA Act mandates that the recommendation of the Gram Sabha (or the Panchayat at the appropriate level) is mandatory prior to the grant of a prospecting licence or mining lease for *minor minerals* in the Scheduled Areas. The statement incorrectly generalizes this requirement to "any mineral", whereas the Act specifically refers to minor minerals.