Published on: November 19, 2022

Panchayats Extension to Scheduled Areas Act (PESA )

Panchayats Extension to Scheduled Areas Act (PESA )

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http://carlabaz.com/shop/?orderby=menu_order Madhya Pradesh notifies PESA Rules on the occasion of Janjatiya Gaurav Divas

Highlights

  • The act will empower the Gram Sabhas to take decision on the rules and regulations with regard to all natural resources in the forest areas.
  • The PESA Act will give more constitutional rights to the tribal people to reap the benefits of natural resources from the forest areas where they live.
  • Parent Organization :Ministry of Panchayati Raj

Background

  • Reason for the act: To bring the people residing in Fifth Schedule Areas to the mainstream
  • Constitutional Backup: Parliament, in terms of Article 243M(4)(b) of the Constitution, has enacted PESA to extend Part IX of the Constitution
  • Power for laws regulations: State Legislatures with certain exceptions and modifications

What is PESA?

  • PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
  • In terms of Act, “Scheduled Areas” means the Scheduled Areas as referred to article 244 of the Constitution.
  • Out of the ten PESA States, eight States namely; Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan and Telangana have framed and notified their State PESA Rules under their respective State Panchayati Raj Acts.