Question

In 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 the 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 a prospecting license or mining lease, for any mineral in the Scheduled Areas.

Which of the statements given above is/are correct?

1. 1 only
2. 1 and 2 only
3. 2 and 3 only
4. 1, 2 and 3

Answer 1

Correct Answer - Option 2 : 1 and 2 only

The correct answer is option 2.

• The Gram Sabha in the Panchayat Act was entrusted with wide-ranging powers starting from consultation on land acquisition to that of ownership over minor forest produces and leasing of minor minerals. Hence the statement 2 is correct.
  • This particular act extends the provisions of Part IX to the Scheduled Areas of the country.
  • PESA brought powers further down to the Gram Sabha level.
  • PESA is a law enacted by the Government of India to cover the “Scheduled Areas”, which are not covered in the 73rd Constitutional amendment. Hence the statement 1 is correct.
  • PESA became operative at a time when the Indian economy was opening up all its frontiers to foreign direct investment.
  • Recommendation of Gram Sabha or Panchayat at the appropriate level shall be mandatory for grant of prospecting license or mining lease for minor minerals in the scheduled area” Hence the statement 3 is incorrect.
  • The mining sector, which is mostly located in the scheduled areas of the country where PESA operates, was made open to MNCs and the Indian Corporate sector for the exploitation of mineral resources at a throwaway price.