UPSC Prelims 2012 · Question 1 of 98

UPSC Prelims 2012 question on PESA Gram Sabha Powers

In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?

1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.

2. Gram Sabha has the ownership of minor forest produce.

3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.

Which of the statements given above is/are correct?

  1. 1 only
  2. 1 and 2 only
  3. 2 and 3 only
  4. 1, 2 and 3
Show answer

Answer: B. 1 and 2 only

Verdict

Correct Answer: 1 and 2 only

Statements 1 and 2 are correct because PESA empowers Gram Sabha over tribal land protection and minor forest produce, while Statement 3 is incorrect because its mining-related power is limited to minor minerals only.

Analysis

The PESA Act, 1996 extends Part IX of the Constitution to Fifth Schedule Areas. It gives special powers to the Gram Sabha to protect tribal self-governance, land, resources and livelihood rights.

Statement by statement

1. Power to prevent alienation of land — Correct

Under PESA, the Gram Sabha or Panchayat at the appropriate level has the power to prevent alienation of land in Scheduled Areas.

It can also take steps to restore unlawfully alienated land belonging to Scheduled Tribes.

2. Ownership of minor forest produce — Correct

PESA gives ownership of minor forest produce to the Gram Sabha in Scheduled Areas.

Minor forest produce includes non-timber forest produce such as bamboo, honey, wax, leaves, canes and similar forest-based livelihood resources.

3. Recommendation for mining lease for any mineral — Incorrect

This statement is incorrect because PESA requires the recommendation of the Gram Sabha only for minor minerals, not for any mineral.

The word “any” makes the statement incorrect. Major minerals are governed by separate central and state laws.

Extra UPSC info

* PESA was enacted in 1996 to strengthen tribal self-rule in Fifth Schedule Areas.

* It was based on the recommendations of the Bhuria Committee.

* It applies to Fifth Schedule Areas, not Sixth Schedule Areas.

* Gram Sabha must be consulted before land acquisition and before rehabilitation of affected persons in Scheduled Areas.

* Gram Sabha has powers over village markets, intoxicants, money lending to Scheduled Tribes and local resource management.

* Higher levels of Panchayats cannot take away the powers given to Gram Sabha under PESA.

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