What are objectives of PESA Act, 1996?
Q. Which is/are true regarding PESA Act, 1996?
1) It aims to safeguard and preserve the customs of tribals.
2) It aims to make Gram Sabha nucleus of all activities.
3) It is applicable to nine states with scheduled areas.
4) Only 2 states have enacted legislation compliant with PESA provisions.- Published on 10 Mar 17a. 1 and 2
b. 1, 2 and 4
c. 2, 3 and 4
d. All of the above
ANSWER: 1, 2 and 4
PESA Act of 1996 (EXTENSION ACT) -
- Panchayats’ provisions of Part 9 of the constitution are not applicable to the Fifth Schedule areas.
- But, the Parliament may extend these provisions to such areas.
- Under this, the Parliament enacted the “Provisions of the Panchayats (Extension to the Scheduled Areas) Act”, 1996.
- It is popularly known as the PESA Act or the Extension Act.
- At present ten states have Fifth Schedule Areas.
They are -
1. Andhra Pradesh.
2. Telangana.
3. Chhattisgarh.
4. Gujarat.
5. Himachal Pradesh.
6. Jharkhand.
7. Madhya Pradesh.
8. Maharashtra.
9. Odisha .
10. Rajasthan.
- All the states have enacted required compliant legislations by amending the respective Panchayati Raj Acts.
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
