Cabinet ratifies rules for PESA rollout in J'khand
RANCHI, Dec. 24 -- The Hemant Soren cabinet on Tuesday approved the much-awaited draft of the Jharkhand PESA Rules, making way for implementation of the PESA (Provisions of the Panchayats Extension to the Scheduled Areas) Act, 1996, in Jharkhand.
Besides Odisha, Jharkhand was the only state among the 10 states across the country where the PESA Rules, for implementation of PESA Act 1996, was yet to be notified. With Jharkhand having cleared the Rules, Odisha is the only state left to notify it. The 1996 Act, passed by the Parliament, aims to strengthen the Gram Sabhas in the scheduled areas. In Jharkhand, which falls under Schedule V of the Constitution, 13 of the 24 districts are scheduled districts, besides a few panchayats of two other districts.
"The proposal of the panchayati raj department for implementation of PESA Rules was approved by the cabinet today," cabinet secretary Vandana Dadel told reporters after the cabinet meeting chaired by chief minister Hemant Soren.
The development comes amidst repeated demands of tribal rights' groups besides an ongoing contempt case being heard by the Jharkhand high court in the matter. During a related hearing on Tuesday, the state government sought adjournment in the matter, assuring the court that the draft rules would be brought before the cabinet for approval today. The court, which has put a stay on sand mining in absence of PESA Rules implementation, has fixed the next hearing in the matter on January 13.
Deliberating on the draft rules, panchayati raj secretary Manoj Kumar said the Rules would be implemented after they are notified. The officials said the Rules have been drafted in sync with the provisions of PESA Act and few other clauses of other Acts which grant powers to the Gram Sabha.
"The consent of Gram Saha would become necessary in mining and land acquisition in their area. Some of these provisions are already under other Acts. Besides, the Gram Sabha would also have the powers utilisation of minor forest produce, money laundering prohibition, local area development plan, water resource management etc," Kumar added.
The officer further said that the draft Rules also enshrine the provision for delimitation of the gram sabhas, which would be notified by the district administration. The officials also clarified that the PESA Rules won't have a direct bearing on the panchayati raj elections even in the scheduled districts.
"The provisions of the Jharkhand Panchayati Raj Act, 2001 is already a PESA complaint. So, in effect, the new Rules won't have a bearing on the three-tier panchayat elections," said Kumar....
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