PESA Implementation
Parameter 21: Implementation of PESA (Panchayats Extension to Scheduled Areas Act, 1996)
PESA Applicability Status
About PESA Act
The Panchayats (Extension to Scheduled Areas) Act, 1996 is a special legislation that extends the provisions of Part IX of the Constitution (relating to Panchayats) to the Scheduled Areas mentioned in the Fifth Schedule of the Constitution.
Key Features of PESA:
- Empowers Gram Sabha with special powers in Scheduled Areas
- Protects tribal customs, traditions, and cultural identity
- Gives control over natural resources to tribal communities
- Enables self-governance and local decision-making
- Protects tribal land and prevents land alienation
PESA Applicability in This Gram Panchayat
| Is this GP in Scheduled Area? | No |
| Fifth Schedule Area Status | Not applicable - This GP is not notified under Fifth Schedule |
| Tribal Population | 45 persons (3.6% of total population) |
| PESA Act Applicability | Not Applicable |
Important Note:
Since this Gram Panchayat is not located in a Scheduled Area as per the Fifth Schedule of the Constitution, the PESA Act, 1996 does not apply here. The Panchayat functions under the regular provisions of the state Panchayati Raj Act.
However, the Gram Panchayat ensures inclusive governance and special attention to the needs of the tribal population (ST) residing in the area through:
- Reserved seats for ST representatives in Panchayat elections
- Inclusion in development planning and scheme benefits
- Protection of tribal rights and cultural practices
- Targeted welfare programs for tribal families
Tribal Welfare & Inclusion
Scheduled Tribe (ST) Population Details
| Total ST Population | 45 persons (3.6% of total population) |
| ST Families | 9 households |
| ST Elected Representatives | 1 (Ward 7 - Reserved seat) |
| Villages with ST Population | Village 3 (North area) |
Welfare Programs for Tribal Families
| Scheme/Program | ST Beneficiaries | Status |
|---|---|---|
| Post-Matric Scholarship | 8 students | Active |
| PMAY-G (Housing) | 9/9 families (100%) | Completed |
| Toilet Construction (SBM) | 9/9 families (100%) | Completed |
| Tap Water Connection (JJM) | 9/9 families (100%) | Completed |
| Electricity Connection | 9/9 families (100%) | Completed |
| Ration Card (PDS) | 9/9 families (100%) | Active |
| Health Insurance (Ayushman Bharat) | 9/9 families (100%) | Active |
Inclusive Governance Practices
- Implemented Reserved seat for ST representative in Panchayat (Ward 7)
- Active ST representative member of Development & Planning Committee
- Implemented 100% coverage of all tribal families under welfare schemes
- Active Regular interaction and consultation with tribal community in Gram Sabha
- Implemented Priority to tribal families in skill development programs
- Active Respect and protection of tribal cultural practices and festivals
Understanding PESA (For Reference)
What is PESA?
The Panchayats (Extension to Scheduled Areas) Act, 1996 is a landmark legislation that recognizes the right of tribal communities to self-governance. It extends the provisions of Part IX of the Constitution (Panchayats) to Scheduled Areas with special modifications.
Areas Where PESA Applies:
PESA is applicable in "Scheduled Areas" as defined in the Fifth Schedule of the Constitution. These are predominantly tribal areas notified by the President of India. In Maharashtra, certain districts have notified Scheduled Areas where PESA is applicable.
Special Powers Under PESA (In Scheduled Areas)
In areas where PESA applies, Gram Sabha has the following special powers:
1. Natural Resources Management
- Control over minor water bodies
- Ownership of minor forest produce
- Power to prevent land alienation
- Control over minor minerals
2. Regulatory Powers
- Grant of prospecting licenses/mining leases for minor minerals
- Grant of licenses for sale/consumption of intoxicating liquors
- Regulation and control of money lending
- Management of village markets
3. Social & Cultural
- Protection of tribal customs and traditions
- Preservation of cultural identity
- Community resource management
- Dispute resolution through traditional systems
4. Planning & Development
- Plans and programs for social and economic development
- Identification of beneficiaries for poverty alleviation schemes
- Approval before land acquisition in Scheduled Areas
- Resettlement and rehabilitation plans
PESA Implementation in Maharashtra
In Maharashtra, PESA is applicable in certain tribal-dominated areas. The state has enacted the Maharashtra Extension of Panchayats to Scheduled Areas Act to implement PESA provisions.
Districts with PESA Notified Areas:
- Nandurbar (parts)
- Dhule (parts)
- Nashik (parts)
- Thane (parts)
- Gadchiroli (parts)
- And other notified tribal blocks
Note: This Gram Panchayat is not in any of the PESA-notified areas.
Support Mechanisms for Tribal Development
Human Resources (District/Block Level)
| Gram Sabha Mobiliser (RGSA) | Not Applicable (Only for PESA areas) |
| PESA Coordinator (Block Level) | Not Applicable (Only for PESA blocks) |
| Tribal Development Officer (District) | Available - Contact: District Office |
| SC/ST Welfare Officer (Block) | Available - Contact: Block Office |
Support Services for ST Families
- District Tribal Development Office - Schemes and welfare programs
- Block SC/ST Welfare Officer - Certificate issuance and benefits
- Gram Panchayat - Local support and application facilitation
- Anganwadi Centers - Nutrition and child development
- Primary Health Center - Healthcare services
- Schools - Educational support and scholarships
Cultural & Social Inclusion
Initiatives for Tribal Community
- Cultural Respect: Recognition and celebration of tribal festivals and traditions
- Language: Assistance in local tribal language where needed for government services
- Education: 100% enrollment of tribal children in schools with scholarship support
- Healthcare: Special outreach programs for tribal hamlet
- Livelihood: Priority in MGNREGS employment and skill training
- Representation: Active participation in Gram Sabha and Panchayat decisions
Gram Sabha Participation
| ST Families Attending Gram Sabha | 9/9 families (100% participation) |
| Issues Raised by ST Community | Road connectivity, livelihood opportunities |
| Actions Taken | Road improvement included in GPDP, skill training provided |
Contact for Tribal Welfare Schemes
Gram Panchayat
Contact Person: GP Secretary
Phone: +91-XXXXXXXXXX
Services: Local support, application assistance
Block SC/ST Welfare Office
Officer: Block Welfare Officer
Phone: +91-XXXXXXXXXX
Services: Certificates, schemes, benefits
District Tribal Development
Office: Tribal Development Officer
Phone: +91-XXXXXXXXXX
Services: Major schemes, special programs
State Helpline
Tribal Welfare Helpline
Phone: 1800-XXX-XXXX (Toll-free)
Services: Information, grievances, guidance
Resources & Information
| Document/Resource | Description | Access |
|---|---|---|
| PESA Act, 1996 | Full text of the Act (for reference) | Download PDF |
| Tribal Welfare Schemes | List of all central and state schemes for ST | Download PDF |
| SC/ST Certificate Application | Application form for caste certificate | Download PDF |
| Scholarship Forms | Various scholarship application forms | Download PDF |
| Ministry of Tribal Affairs | Official website for tribal welfare | Visit Website |
Gram Panchayat Janegaon