Question

For which of the following economic activities is it mandatory to consult the Gram Sabha under the PESA Act, 1996?
A) Land Acquisition
B) Grant of the mining license for minor minerals
C) Ascertaining ownership of Minor Forest Produce.
Select the correct answer using the code given below
1. A and B
2. B, C, D
3. C and D
4. A, B, C

Answer 1

Correct Answer - Option 4 : A, B, C

The Correct answer is A, B, C.

 Under the PESA Act of 1996, the following provisions have been made for empowering Gram Sabhas:

• The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making the acquisition of land in the Scheduled Areas for development projects and before resettling or rehabilitating persons affected by such projects in the Scheduled Areas.
• However, the actual planning and implementation of the projects in the Scheduled Areas shall be coordinated at the state level. Hence option A is correct.
• Planning and management of minor water bodies in the Scheduled Areas shall be entrusted to Panchayats at the appropriate level.
• The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas. Hence option B is correct.
• The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall be mandatory for granting of a concession for the exploitation of minor minerals by auction.
• While endowing Panchayats in the Scheduled Areas with such powers and authority as may be necessary to enable them to function as institutions of self-government, a State Legislature shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed specifically with –

1. the power to enforce prohibition or to regulate or restrict the sale and consumption of any intoxicants.
2. the ownership of minor forest produce. Hence option C is correct.
3. the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe.
4. the power to manage village markets
5. the power to exercise control over money lending to the Scheduled Tribes.
6. the power to exercise control over institutions and functionaries in all social sectors.
7. the power to control local plans and resources for such plans including tribal sub-plans.

• The State Legislations shall create safeguards to ensure that Panchayats at the higher level do not assume the powers and authority of any Panchayat at the lower level or of the Gram Sabha.