Ranchi, Dec 23 (PTI) The Jharkhand cabinet on Tuesday approved the rules under the Panchayat Extension of Scheduled Areas (PESA) Act, an official said.
The rules were framed by incorporating all the provisions of the PESA Act, the official said.
The approval was given during the cabinet meeting chaired by Chief Minister Hemant Soren.
“The cabinet has given its nod to the rules under the PESA Act,” Cabinet Secretary Vandana Dadel told reporters.
The Act, recognising the rights of tribal communities in Scheduled Areas, was enacted in 1996; but despite the creation of a separate state in 2000, Jharkhand is yet to implement PESA.
Chief Minister Hemant Soren said, “The PESA was the most important agenda in today’s cabinet meeting. To frame the rules, we earlier held discussion with various stakeholders and took the opinion of different departments. We finally approved the rules today. Now, it will be implemented in a better way in scheduled areas of the state.” State Finance Minister Radha Krishna Kishore said, “The cabinet discussed the proposed PESA rules for around one hour. Finally, with some minor amendments, it was passed.” Scheduled areas refer to areas identified by the Fifth Schedule of the Constitution. In Jharkhand, 13 of 24 districts completely come under the Fifth Schedule, while two districts come partially under it, Panchayati Raj Department Secretary Manoj Kumar said.
“There are provisions in the Act to empower the gram sabhas. Certain responsibility and powers have been given to the gram sabhas in some specific areas. In mining areas, there is a provision for obtaining the consent of gram sabhas.
“The roles of gram sabhas related to land acquisition, minor forest produce, prohibition of money lending and management of water resources have been defined,” Kumar said.
The secretary said there is no direct provision for revenue collection by the gram sabhas, but it basically holds provisions for consent.
The Congress, a constituent of the JMM-led alliance government, had been demanding implementation of the PESA rules in the state.
In July 2023, the Panchayat Raj Department released draft rules for PESA and invited responses from the public. The department also conducted workshops and discussions to get feedback on the draft rules in 2024.
Jharkhand BJP chief Babulal Marandi welcomed the clearing of PESA rules by the cabinet.
“We welcome the passage of PESA rules by the cabinet. This is the result of the BJP’s long struggle and pressure. The BJP and the NDA consistently raised their voices for this, from the streets to Parliament,” Marandi said.
He further said, “BJP believes that the rules passed by the cabinet will be based on the traditional customary system, but the party will never tolerate even the slightest deviation from the spirit of the Fifth Schedule of the Constitution.” As many as 39 agendas were cleared during the cabinet meeting, including approval for the construction of hostels in 21 Kasturba Gandhi Balika Vidyalayas at an estimated cost of Rs 51.60 crore.
The cabinet also granted approval for engaging the consultancy services of the Indian Council of Agricultural Research-National Research Centre on Meat (ICAR-NRC on Meat), Hyderabad, on a nomination basis for the revival of the government bacon factory in Ranchi’s Kanke. PTI SAN ACD
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