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Model PESA Rule

 

The Ministry of Panchayati Raj, Government of India, constituted the Sub-committee under the chairmanship of Shri B.D. Sharma for preparing Model Guide lines to vest Gram Sabhas with powers as envisaged in the Provisions of Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA). Based on the Guidelines framed by the Sub-committee, Ministry of Panchayati Raj framed Draft Model Rules and circulated the same to all the Fifth Schedule areas in 2009 for framing of State specific rules for effective implementation of the Act. Five States viz. Andhra Pradesh (incl. Telangana), Chhattisgarh, Himachal Pradesh and Maharashtra have notified their State PESA Rules. Rest of the states are at various stages of completion of process to frame the Rules. States of Chhattisgarh, Gujarat, Himachal Pradesh, Madhya Pradesh and Maharashtra have amended their State Panchayati Raj Acts as per provisions of PESA. Jharkhand has also incorporated the provisions of PESA Act in its Panchayati Raj Act to a large extent and is in process of amendment in its Panchayati Raj Act to make it PESA compliant.

 

Key Features of Model PESA Rules

  • A Village has been defined as a habitation or a group of habitations, or a hamlet or a group of hamlets, comprising a community and managing its affairs in accordance with its traditions and customs.

     

  • The Gram Panchayat shall be deemed to be the Executive Committee of the Gram Sabha. The Secretary of the Gram Panchayat will be deemed to be the Secretary of the Gram Sabha and theGram Sabha will hold a meeting at least once in two months.

     

  • A person who is a member of a Scheduled Tribe will be selected as chairperson for the meeting of the Gram Sabha for one year by consensus. In the case of non-consensus, amongst the members present, the oldest lady from the Scheduled Tribes would be the chairperson.

     

  • The quorum of the meeting of the Gram Sabha will be one fifth of the total members. There shall be a separate quorum for women, which will be one third of the general quorum.

     

  • The Gram Sabha may constitute Standing Committees viz. Peace Committee, Justice Committee, Resource Planning and Management Committee, Intoxication Control Committee, Debt Control Committee, Market Committee, Sabha Kosh Committee and others as deemed appropriate by the Gram Sabha in order to fulfil its responsibilities regarding various aspects of the working of the village, whose members shall be elected in an open meeting of the Gram Sabha among members of the Gram Sabha.Besides, temporary and ad-hoc committees may be constituted as per requirement. The tenure of all the Standing Committees will be of one or two years as decided by the Gram Sabha.

     

  • If under any Act on any subject such as forest, irrigation management etc., a body or committee is constituted by any government department, the same will be treated as a Standing Committee of Gram Sabha on that subject. Notwithstanding the provisions in the concerned Act, that body or committee will be accountable to Gram Sabha.

     

  • The Gram Sabha will maintain a Gram Sabha Kosh whichwill consist of the contribution received in any form including voluntary contributions of cash and goods and the labour of villagers; amount received through the government from minor forest produce, minor minerals etc; and surcharges imposed on the consumption of the resources or fines levied by the Gram Sabha. The Gram Sabha will have the complete right of its usage as per its own decisions.

     

  • Process of dispute resolution by the Gram Sabha has also been listed out in the Model Rules.

     

  • The Gram Sabha will ensure that resources are utilized in such a way that :

    (i) Livelihood means are sustained.

    (ii) Inequality among the people does not increase.

    (iii)Resources are not confined to a few people.

     

  • The Gram Sabha will ensure that no land belonging to Scheduled Tribes is transferred to non ST persons. It shall be competent to enquire into any land transactions, or authorize the Peace Committee to do so, on the basis of complaints or suo- motu.If the Gram Sabha is of the opinion that attempts are being made to alienate lands belonging to STs, it may issue instructions to prohibit the transaction and its decision in such cases shall be final.

     

  • Gram Sabha shall be mandatorily involved in all decision relating to land-acquisition; peace & security and dispute resolution;management of natural resources; agriculture and land; mines and minerals; intoxication control; minor forest produce; management of markets; money lending; identification of beneficiaries; approval of plans; supervisionand review of social sector schemes as well as local institutions such as schools, hospitals, etc.

     

  • Gram Sabha is competent to maintain separate registers for the details of the (i) births (ii) deaths (iii) marriages (iv) festivals (v) persons going outside the village to make livelihood.

     

  • It will be mandatory for the Gram Panchayat to obtain a certification of utilization of all funds from the Gram Sabha for works undertaken in its areas.

     

  • If a Gram Sabha is of the opinion that any State Legislation is not in consonance with the customary law, social and religious practices and traditional management practices of the community resources,it may pass a resolution to that effect, and forward it to the State Government through the District Collector. The State Government shall take necessary action on it.