V SCHEDULED AREAS

Vth SCHEDULE AREAS

• Identified in 10 states (AP,
  Jharkhand, Chattisgarh, HP,
  MP, Maharashtra, Odisha,
  Rajasthan, Gujarat,
  Telangana)
• President can declare any area
  to be SA & that it ceases to be
  one & can alter its boundaries

Criteria to identify SA

• Preponderance of tribal population
• Compactness & reasonable size of the area
• Viable administrative unit
• Socio-economic backwardness as
  compared to neighbouring areas.

Provisions

• Union Government can issue binding directions to state
  with respect to administration of schedule areas
• Governors of states (having Scheduled Area) have to
  furnish annually (or any other time so required by
  President), a report on administration of the areas to
  the President.
• Governor is authorised to direct that any law of
  Parliament or state legislature shall not apply or apply
  with modifications to Scheduled Areas
  
• Governor can also make regulations with respect to
  business of money lending, allotment of land and
  their transfer etc.
  -These regulations require presidential concurrence before
  they come into force.
• Tribal advisory councils have to be set up in States
  having SA and also in states having ST but no SA
  -Tribal Advisory Council consists of 20 members
  -3/4th – Representatives of STs in the states

Panchayats (Extension to SA) Act’96

• To extend the provisions of Part IX of the
  Constitution relating to the panchayats to the
  SA with certain modifications.
• To provide self-rule for the bulk of the tribal
  population
• To have village governance with participatory
  democracy and to make the Gram Sabha a
  nucleus of all activities
  
• To evolve a suitable administrative framework
  consistent with traditional practices
• To safeguard and to preserve the traditions and
  customs of tribal communities
• To empower panchayats at the appropriate
  levels with specific powers conducive to tribal
  requirements

Provisions

• Reservation up to 50% at all levels for STs
• Chairman at all levels – STs
• Gram Sabha has been conferred with certain
  special powers

Special Powers of GS

• Ownership of minor forest produce
• Enforcement of liquor prohibition
• Control over local plans and resources
• Prevention of land alienation
• Control over money lending

Special Provisions

• State Panchayat acts shall be amended in consonance with
  customary laws and social and religious practices of STs
• Gram Sabha or Panchayat at an appropriate level shall
  approve plans and programs for socio-economic development
  and identifying beneficiaries.
• With respect to mining projects, whether public or private,
  hearing shall be held with respect to land acquisition and
  environmental impact.

Current Status

• All the state have have incorporated the provisions of PESA in
  their respective State Panchayati Raj Acts
• 8 States have notified their State PESA Rules under their
  respective State Panchayati Raj Acts. (Note: Jharkhand and
  Odisha are yet to make rules for the same.)

Problems with PESA

• Lack of exposure amongst members w.r.t. PESA
• Law is loosely worded.
• Forest department’s excessive control over forest
  resources.
• High levels of illiteracy
• Codification of customs not done yet.
  
• Poor capacity building of functionaries
• Public hearings w.r.t. environment and land
  acquisition only on paper.
• Conversion of villages into Nagar Panchayat to
  escape responsibility under PESA
• Use of govt. machinery to enforce MOUs without
  appropriate PESA implementation.

• Despite demands from Adivasi organizations, a significant portion (59%) of India’s ST population is outside the purview of Article 244, denying them rights protected under laws applicable to Scheduled Areas.
• The absence of viable ST-majority administrative units has been a common bureaucratic response, which has further led to demands for the denotification of parts of Scheduled Areas.
  • They are denied rights under the laws applicable to Scheduled Areas, including the Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act 2013 and the Biological Diversity Act 2002.