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Q26 (IAS/2012) Polity & Governance › Local Government › PESA Act provisions Answer Verified

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 statement given above is/are correct?

Result
Your answer: —  Â·  Correct: B
Explanation

The correct answer is Option 2 (1 and 2 only). The PESA Act, 1996, was enacted to extend Part IX of the Constitution to Fifth Schedule Areas, empowering Gram Sabhas with significant autonomy.

  • Statement 1 is correct: Under Section 4(m)(iii) of the Act, the Gram Sabha or the Panchayats at the appropriate level are specifically endowed with the power to prevent alienation of land in Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe.
  • Statement 2 is correct: Section 4(m)(ii) explicitly confers the ownership of minor forest produce (MFP) to the Gram Sabhas, ensuring the livelihood and traditional rights of forest-dwelling communities.
  • Statement 3 is incorrect: While the Gram Sabha's recommendation is mandatory for minor minerals, for other minerals (prospecting licenses or mining leases), the Act specifies that the recommendation of the Gram Sabha or the Panchayats at the appropriate level is required. The absolute requirement of the "Gram Sabha" alone for "any mineral" makes this statement technically inaccurate under the strict provisions of the Act.
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SIMILAR QUESTIONS

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Which of the following statements with regard to Panchayats in India are correct? 1. Seats in a Panchayat are filled by direct election from the territorial constituencies in the Panchayat area. 2. The Gram Sabha is the body of persons registered in the electoral rolls relating to a village within the Panchayat area. 3. The Panchayats work on the principle of constitutional autonomy. 4. The State Legislature may by law endow the Panchayats with the power and authority to enable them to function. Select the correct answer using the code given below.