Examine the provisions of Panchayat Extension Services Act (PESA), 1996.

Key Provisions of the PESA Act, 1996

The PESA Act, 1996, contains 34 provisions, broadly categorized as follows:

1. Composition of Panchayats

• Representation of Tribal Communities: PESA mandates that at least half of the seats in Panchayats in Scheduled Areas be reserved for members of Scheduled Tribes.
• All Seats Can Be Reserved: States are empowered to reserve all seats for STs if they deem it necessary.
• Reservation for Women: One-third of the reserved seats for STs are further reserved for women.

2. Powers and Functions of Panchayats

• Ownership of Minor Forest Produce (MFP): PESA vests ownership of minor forest produce to the Gram Sabha. This is a crucial provision aimed at empowering tribal communities to benefit from their traditional resources. The implementation of this provision has been uneven, with states adopting varying approaches.
• Control over Natural Resources: Panchayats have the authority to manage and regulate minor water bodies, forests, and other natural resources.
• Planning and Implementation of Development Programs: Panchayats are responsible for preparing and implementing plans for economic development and social justice.
• Identification of Beneficiaries: PESA empowers Panchayats to identify beneficiaries for various development programs.
• Regulation of Local Markets: Panchayats can regulate local markets and impose taxes on them.

3. Role of Gram Sabha

• Central Role: The Gram Sabha is the cornerstone of PESA, acting as a forum for participatory decision-making.
• Functions: The Gram Sabha approves plans and programs for development, identifies beneficiaries, and monitors implementation. It also has the power to recall Sarpanchs.
• Traditional Authority: PESA recognizes and protects the traditional authority of Gram Sabhas.

4. Dispute Resolution

• Traditional Dispute Resolution Mechanisms: PESA encourages the use of traditional dispute resolution mechanisms (like village councils or *adalats*) for resolving disputes within the community.
• Panchayats as Appellate Authority: Panchayats can act as appellate authorities in disputes resolved by traditional mechanisms.

5. Other Important Provisions

• Prohibition of Non-Tribal Entry: States can prohibit non-tribals from entering Scheduled Areas for certain purposes.
• Customary Laws: PESA recognizes and protects the customary laws, traditions, and practices of tribal communities.
• State Legislation: States are empowered to amend existing laws or enact new laws to implement the provisions of PESA.

Implementation Challenges

Despite its progressive provisions, the implementation of PESA has faced several challenges:

• Lack of Awareness: Limited awareness among tribal communities and officials about the provisions of PESA.
• Weak Institutional Capacity: Weak capacity of Panchayats to effectively exercise their powers and functions.
• Conflicting Laws: Conflicts between PESA and other existing laws, such as the Forest Conservation Act, 1980.
• Political Interference: Political interference in the functioning of Panchayats.
• Bureaucratic Resistance: Resistance from the bureaucracy to devolve power to Panchayats.

According to a 2018 report by the Ministry of Tribal Affairs, only 18 states have fully aligned their state laws with PESA. The remaining states have either partially aligned or not aligned at all.

Provision	Impact	Implementation Status
Ownership of MFP	Empowers tribal communities economically	Variable; successful in some states like Odisha, but limited in others.
Gram Sabha Authority	Promotes participatory governance	Often undermined by bureaucratic control and lack of awareness.
Traditional Dispute Resolution	Strengthens community cohesion	Underutilized due to lack of formal recognition and support.