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The Provisions of the Panchayats (Extension to the Scheduled Areas) Act. 1996 (PESAJ
Explanation
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) was enacted to extend the provisions of Part IX of the Constitution (the 73rd Amendment) to the Fifth Schedule Areas, which were previously exempted [2]. While the Act significantly empowers tribal communities and Gram Sabhas by granting them ownership of minor forest produce and control over local resources [4], its primary legal function and definition is the extension of the 73rd Amendment's Panchayati Raj system to these specific areas with necessary modifications [3]. It aims to facilitate self-governance through traditional Gram Sabhas, ensuring that tribal governance systems are protected while integrating them into the national framework of local self-government [4]. The Act requires states with Scheduled Areas to amend their existing Panchayati Raj Acts to comply with these extended provisions [2].
Sources
- [1] Laxmikanth, M. Indian Polity. 7th ed., McGraw Hill. > Chapter 39: Panchayati Raj > PESA ACT OF 1996 (EXTENSION ACT) > p. 393
- [2] https://www.pib.gov.in/PressNoteDetails.aspx?NoteId=156625&ModuleId=3®=6&lang=1
- [4] https://www.indiacode.nic.in/bitstream/123456789/1973/1/A1996-40.pdf
- [3] https://en.wikipedia.org/wiki/PESA_Act