Provisions of the Panchayats (Extension to the Scheduled Areas) Act,1996
Act No : 40
Section : SHORT TITLE
PROVISIONS OF THE PANCHAYAT (EXTENSION TO THE SCHEDULED AREAS) ACT, 1996
40 of 1996
24th December, 1996
STATEMENT OF OBJECTS AND REASONS The Constitution (Seventy -third Amendment) Act. 1992 by which a new Part IX in the Constitution was added to enshrine therein certain basic and essential features of the Panchayati Raj Institutions to impart certainly, continuity and strength to them was brought in force on the 24th day of April. 1993. Article 243G of the Constitution provides that the Legislature of a State may, by law, endow the Panchayats with such powers and authority as may be necessary to enable them to function as institutions of self-government and such law may contain provisions for the devolution of powers and responsibilities upon Panchayats at the appropriate level with respect to the preparation of plans for economic development and social justice and the implementation of schemes for economic development and social justice as may he entrusted to them including those in relation to the matters listed in the Eleventh Schedule to the Constitution .
2. The bulk of tribal population lives in Scheduled Areas and Tribal Areas. In so far as the Scheduled and the Tribal Areas are concerned, sub-clause (b) of clause (4) of article 243M of the Constitution provides that Parliament may, by law extend the provisions of Part IX to the Scheduled Areas and Tribal Areas referred to in clause (1) of that article subject in such exceptions and modifications as may be specified in such law, and no such law shall be deemed to be an amendment of the Constitution for the purposes of article 368.
3. There have been persistent demands from prominent leaders of the Scheduled Areas for extending the provisions of Part 9 of the Constitution to these Areas so that Panchayati Raj Institutions may be established there. Accordingly, it is proposed lo introduce a Bill to provide for the extension of the provisions of Part 9 of the Constitution relating to Panchayat to the Scheduled Areas with certain modifications providing that, among other things, the State legislations that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources: every village shall have a Gram Sabha which shall be competent to safeguard and preserve the traditions and customs of the people and shall be vested with the powers to approve the programmes and projects for social and economic development as also identification of beneficiaries under such programmes, Panchayats at the appropriate level shall be endowed with ownership of minor forest produce recommendations of (he Gram Sabha or the Panchayat at the appropriate level shall be made mandatory prior to grant of prospecting licences or mining lease of minor minerals and shall be consulted before making a question of land in the Scheduled Areas for development projects or for resettlement of project affected members of the Scheduled Tribes; Panchayats at the appropriate level and the
Gram Sabha shall have the power to prevent alienation of tribal lands and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe, have powers to regulate money lending to the members of the Scheduled Tribes, to manage village markets and to enforce prohibition or to regulate or restrict sale and consumption of any intoxicant; State Legislations shall endow the Panchayats at the appropriate levels with specific powers and provide safeguards to prevent Panchayats at the higher level from assuming the powers and authority of Panchayats at the lower level or of the Gram Sabha; the officers of the Chairpersons in the Panchayats at all levels shall be reserved for the Scheduled Tribes; the reservation of seats at every Panchayat for the Scheduled Tribes shall not be less than one-half of the total number of seats.
4. The Bill seeks to achieve the aforesaid objectives.-Gaz of ind., 11-12-96, Pt. II. S. I, Ext.. P.4 (No. 33).
An Act to provide for the extension of the provisions of
Part 9 of the Constitution relating to the Panchayats to the Scheduled Areas. Be it enacted by Parliament in the Forty seventh Year of the Republic of India as follows :-
SECTION 01: SHORT TITLE
This Act may be called the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996.
Read All Comments
