• Source:JND
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The Panchayati Raj department of the Jharkhand government has finalised the draft of the rules for implementation of the Panchayat (Extension of Schedule Area) Act, 1996. This will give more powers and autonomy to the Gram Sabhas in the scheduled areas. The draft, which has 17 chapters and 36 sections, is likely to be sent to the cabinet for approval soon.

The PESA rules will enable the Gram Sabhas to preside over land acquisition, law and order, forest produce and other matters affecting the tribals. The Gram Sabhas will also have the right to consent to or reject any schemes made by the department. The rules will also provide for separate funds for the Gram Sabhas, which will be sourced from donations, penalties, fees, royalties and leases.

Tribal community in Jharkhand celebrating with the flag of JMM (File Image: ANI)
 

According to the law, the Gram Sabha meetings will be chaired by the traditional leaders such as Manki, Munda and the Gram Sabha’s decision will be final and binding. The Gram Sabha will also be able to impose a fine of Rs 10 to Rs 1000 on anyone who commits offences under 36 sections of the IPC, in order to maintain peace and order in the village. In addition, police have to inform the Gram Sabha about the reasons for arresting anyone within 48 hours of the arrest, as per the PESA rule. 

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The PESA Act was enacted by the Parliament in 1996 to extend the provisions of the Panchayat Raj system to the scheduled areas. However, the Act could not be implemented fully due to the lack of state-specific rules. Jharkhand has 13 tribal-dominated districts under the fifth schedule of the Constitution.

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The state government had sought objections and suggestions on the draft of the PESA rules till August 31. Many organisations had submitted their views but some of them were rejected as they were contrary to the provisions of the High Court, the Supreme Court, the PESA Act and the Jharkhand Panchayat Raj Act 2001.