IAS Prelims 2017 Important Topics on Current Affairs: PESA 1996

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IAS Prelims 2017 Important Topics on Current Affairs: PESA 1996

IAS Prelims 2017 Important Topics on Current Affairs: The Union Public Service Commission (UPSC) will conduct the civil services (CS) preliminary examination on June 18 this year. It is one of the most esteemed and toughest exams in the country. With a success rate of 0.1- 0.3 percent of the total percentage of candidates who apply, it is really difficult to nail the examination.

As you know, eryesterday we have shared IAS Prelims 2017 Important Topics on current affairs which will help you prepare for your upcoming examination. Here is the topic that we have discussed yesterday, Click on the link below to explore.

IAS Prelims 2017 Important Topics on Current Affairs: National Student Startup Policy, 2016

As promised, today we are going to continue with the Third topic i.e PESA 1996. Let us provide you the brief explanation of the said topic.

 

IAS Prelims 2017 Important Topics on Current Affairs: PESA 1996

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Let us provide you the explanation of the given topic.

PESA, 1996

Introduction

The Provision of the Panchayat (Extension to the Scheduled Areas) Act, 1996 popularly known as PESA was enacted to bring the Scheduled Areas in nine States of the country under the purview of national framework of Panchayat. Scheduled Areas are areas identified by the Fifth Schedule of the Constitution of India. Scheduled Areas are found in ten states of India which have predominant population of tribal communities. The Scheduled Areas, were not covered by the 73rd Constitutional Amendment or Panchayati Raj Act of the Indian Constitution as provided in the Part IX of the Constitution. PESA was enacted on 24 December 1996 to extend the provisions of Part IX of the Constitution to Scheduled Areas, with certain exceptions and modifications. PESA sought to enable the Panchayats at appropriate levels and Gram Sabhas to implement a system of self-governance with respect to a number of issues such as customary resources, minor forest produce, minor minerals, minor water bodies, selection of beneficiaries, sanction of projects, and control over local institutions. PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats and the Scheduled Areas.

PESA was viewed as a positive development for tribal communities in Scheduled Areas who had earlier suffered tremendously from engagement with modern development processes and from the operation of both colonial laws and statutes made in independent India. The loss of access to forest, land, and other community resources had increased their vulnerability. Rampant land acquisition and displacement due to development projects had led to large scale distress in tribal communities living in Scheduled Areas. PESA was seen as a panacea for many of these vulnerabilities and sought to introduce a new paradigm of development where the tribal communities in such Scheduled Areas were to decide by themselves the pace and priorities of their development.

Salient feature of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA)

  • Legislation on Panchayats shall be in conformity with the customary law, social and religious practices and traditional management practices of community resources
  • Habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs; and shall have a separate Gram Sabha.
  • Every Gram Sabha to safeguard and preserve the traditions and customs of people, their cultural identity, community resources and the customary mode of dispute resolution.
  • The Gram Sabhas have roles and responsibilities in approving all development works in the village, identify beneficiaries, issue certificates of utilization of funds
  • Gram Sabhas or Panchayats at appropriate level shall also have

– Powers to manage minor water bodies

– Power of mandatory consultation in matters of land acquisition;

– Powers to control institutions and functionaries in all social sectors and local plans.

– Resettlement and rehabilitation and prospecting licenses/mining leases for minor minerals

– Power to prevent alienation of land and restore alienated land

– Regulate and restrict sale/consumption of liquor

– Manage village markets, control money lending to STs and

– Ownership of minor forest produce.

Over here we conclude our article on IAS Prelims 2017 Important Topics on Current Affairs. Stay tuned with us for the rest of the topic that we will discuss day by day. 

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