Ayush awareness pesa act education

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Every Tribal must know, Please share with your friends. Let us create awareness for Tribal Empowerment - Ayush | adivasi yuva shakti

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Ayush awareness pesa act education

  1. 1. THE PROVISIONS OF THE PANCHAYATS(EXTENSION TO THE SCHEDULED AREAS)ACT, 1996No.40 OF 1996AYUSH | adivasi yuva shakti | www.adiyuva.inLet us spread knowledge, let us do it together!
  2. 2. AYUSH awareness | PESA ActTHE PROVISIONS OF THE PANCHAYATS (EXTENSION TO THESCHEDULED AREAS) ACT, 1996No.40 OF 1996An Act to provide for the extension of the provisions of Part IX of theConstitution relating to the Panchayats to the Scheduled Areas.Be it enacted by Parliament in the Forty-seventh Year of the Republic of Indiaas follows:☼ Short title1. This Act may be called the Provisions of the Panchayats (Extension to theScheduled Areas) Act, 1996☼ Definition2. In this Act, unless the context otherwise requires, “Scheduled Areas” meansthe Scheduled Areas as referred to in Clause (1) of Article 244 of theConstitution.☼ Extension of part IX of The Constitution3. The provision of Part IX of the Constitution relating to Panchayats are herebyextended to the Scheduled Areas subject to such exceptions and modificationsas are provided in section 4.www.adiyuva.in
  3. 3. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(a) a State legislation on the Panchayatsthat may be made shall be in consonancewith the customary law, social andreligious practices and traditionalmanagement practices of communityresources;www.adiyuva.in
  4. 4. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(b) a village shall ordinarily consist of ahabitation or a group of habitations or ahamlet or a group of hamlets comprisinga community and managing its affairs inaccordance with traditions and customs;www.adiyuva.in
  5. 5. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(c) every village shall have a Gram Sabhaconsisting of persons whose names areincluded in the electoral rolls for thePanchayat at the village level;www.adiyuva.in
  6. 6. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(d) every Gram Sabha shall be competentto safeguard and preserve the traditionsand customs of the people, their culturalidentity, community resources and thecustomary mode of dispute resolution;www.adiyuva.in
  7. 7. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(e) every Gram Sabha shalli. approve of the plans, programmes andprojects for social and economicdevelopment before such plans,programmes and projects are taken upfor implementation by the Panchayat atthe village level;www.adiyuva.in
  8. 8. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(e) every Gram Sabha shallii. be responsible for the identification orselection of persons as beneficiariesunder the poverty alleviation and otherprogrammes;www.adiyuva.in
  9. 9. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(f) every Panchayat at the village levelshall be required to obtain from the GramSabha a certification of utilisation offunds by that Panchayat for the plans,programmes and projects referred to inclause(e);www.adiyuva.in
  10. 10. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(g) the reservation of seats in theScheduled Areas at every Panchayat shallbe in proportion to the population of thecommunities in that Panchayat for whomreservation is sought to be given underPart IX of the Constitution; …www.adiyuva.in
  11. 11. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(g) …. Provided that the reservation forthe Scheduled Tribes shall not be lessthan one-half of the total number ofseats;Provided further that all seats ofChairpersons of Panchayats at all levelsshall be reserved for the ScheduledTribes;www.adiyuva.in
  12. 12. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(h) the State Government may nominatepersons belonging to such ScheduledTribes as have no representation in thePanchayat at the intermediate level orthe Panchayat at the district level:Provided that such nomination shall notexceed one-tenth of the total membersto be elected in that Panchayat;www.adiyuva.in
  13. 13. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(i) the Gram Sabha or the Panchayats atthe appropriate level shall be consultedbefore making the acquisition of land inthe Scheduled Areas for developmentprojects and before re-setling orrehabilitating persons affected by suchprojects in the Scheduled Areas; ….www.adiyuva.in
  14. 14. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(i) …. the actual planning andimplementation of the projects in theScheduled Areas shall be coordinated atthe State level;www.adiyuva.in
  15. 15. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(j) planning and management of minorwater bodies in the Scheduled Areas shallbe entrusted to Panchayats at theappropriate level;www.adiyuva.in
  16. 16. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(k) the recommendations of the GramSabha or the Panchayats at theappropriate level shall be mademandatory prior to grant of prospectinglicence or mining lease for minor mineralsin the Scheduled Areas;www.adiyuva.in
  17. 17. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(l) the prior recommendation of the GramSabha or the Panchayats at theappropriate level shall be mademandatory for grant of concession forthe exploitation of minor minerals byauction;www.adiyuva.in
  18. 18. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the ScheduledAreas with such powers and authority as may benecessary to enable them to function as institutionsof self-government, a State Legislature shall ensurethat the Panchayats at the appropriate level and theGram Sabha are endowed specifically with-(i) the power to enforce prohibitionor to regulate or restrict the sale andconsumption of any intoxicant;www.adiyuva.in
  19. 19. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the ScheduledAreas with such powers and authority as may benecessary to enable them to function as institutionsof self-government, a State Legislature shall ensurethat the Panchayats at the appropriate level and theGram Sabha are endowed specifically with-(ii) the ownership of minor forestproduce;www.adiyuva.in
  20. 20. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the Scheduled Areas with suchpowers and authority as may be necessary to enable them tofunction as institutions of self-government, a State Legislature shallensure that the Panchayats at the appropriate level and the GramSabha are endowed specifically with-(iii) the power to prevent alienationof land in the Scheduled Areas and totake appropriate action to restore anyunlawfully alienated land of a ScheduledTribe;www.adiyuva.in
  21. 21. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the Scheduled Areas with suchpowers and authority as may be necessary to enable them tofunction as institutions of self-government, a State Legislature shallensure that the Panchayats at the appropriate level and the GramSabha are endowed specifically with-(iii) the power to prevent alienationof land in the Scheduled Areas and totake appropriate action to restore anyunlawfully alienated land of a ScheduledTribe;www.adiyuva.in
  22. 22. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the ScheduledAreas with such powers and authority as may benecessary to enable them to function as institutionsof self-government, a State Legislature shall ensurethat the Panchayats at the appropriate level and theGram Sabha are endowed specifically with-(iv) the power to manage villagemarkets by whatever name called;www.adiyuva.in
  23. 23. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the ScheduledAreas with such powers and authority as may benecessary to enable them to function as institutionsof self-government, a State Legislature shall ensurethat the Panchayats at the appropriate level and theGram Sabha are endowed specifically with-(v) the power to exercise controlover money lending to the ScheduledTribes;www.adiyuva.in
  24. 24. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(m) while endowing Panchayats in the ScheduledAreas with such powers and authority as may benecessary to enable them to function as institutionsof self-government, a State Legislature shall ensurethat the Panchayats at the appropriate level and theGram Sabha are endowed specifically with-(vi) the power to exercise controlover institutions and functionaries in allsocial sectors;www.adiyuva.in
  25. 25. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(n) the State Legislations that may endowPanchayats with powers and authority as maybe necessary to enable them to function asinstitutions of self-government shall containsafeguards to ensure that Panchayats at thehigher level do not assume the powers andauthority of any Panchayat at the lower levelor of the Gram Sabha;www.adiyuva.in
  26. 26. AYUSH awareness | PESA ActExceptions and modifications to part IX of The Constitution4.Notwithstanding anything contained under Part IX of the Constitution, theLegislature of a State shall not make any law under that Part which isinconsistent with any of the following features, namely:-(o) the State Legislature shall endeavourto follow the pattern of the SixthSchedule to the Constitution whiledesigning the administrativearrangements in the Panchayats atdistrict levels in the Scheduled Areas.www.adiyuva.in

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