The draft of the Odisha Grama Panchayats Extension to Scheduled Areas Rules, 2023, which was issued 27 years after the enactment of the Panchayat (Extension to Scheduled Areas) (PESA) Act, 1996, is expected to be presented before the State Legislative Assembly in the next session.
Odisha is among 10 States having Fifth Schedule areas where the PESA Act is extended. In terms of tribal population, Odisha is third largest State after Madhya Pradesh and Maharashtra. This Act empowers tribal communities by giving them a stronger say in self-governance and enables the protection of their unique social and cultural practices in Fifth Schedule Areas. As per spirit of the PESA Act 1996, power and authority should be devolved to gram sabha and panchayats.
Though Odisha has made good progress in respect of compliance of concerned State subject laws, it had not framed PESA Rules. Few subject laws were yet to be made PESA compliant.
Responding to an adjournment motion in the State Assembly on Wednesday (September 4, 2024), State Panchayati Raj and Drinking Water Minister Rabi Narayan Naik said, “The government is committed to the protection of tribal language and culture. Chief Minister Mohan Majhi himself had on August 15 declared that the State would frame law. The draft rules will be brought before Assembly next session.”
“This is a sensitive issue. More deliberations on the rules are required. I will consult with all tribal MLAs and other non-tribal MLAs on PESA rule. The draft rule has been translated in Odia and Santali and sent to concerned district collectors which will facilitate wider consultation,” he pointed out.
Participating in the adjournment motion, Ramachandra Kadam, Leader of Congress Legislature Party in Assembly, demanded, “Government must immediately notify rules of PESA Act. Tribal should be empowered in self-governance and have their say in management in natural resources.”
“The rules have not been framed due to lack of political will in the State. Even government officials stationed in Fifth Schedule area are unaware of the PESA Act. Despite existence of the rule, mineral resources are being looted,” Mr. Kadam said.
After sitting over the issue for more than two decades, the previous Naveen Patnaik Government had published the draft rule under PESA Act in November 2023. The draft rules dwelt upon issues of Gram Sabha’s role and power in respect to acquisition of land, minor mineral and grant of prospecting license or mining lease, control over intoxicants, and prevention of alienation of land in scheduled area and control over markets.
There are 13 PESA districts – six fully covered districts such as Malkangiri, Nabarangpur, Rayagada, Mayurbhanj and Sundargarh and Koraput and seven partially ones such as Ganjam, Keonjhar, Sambalpur, Kandhamal, Kalahandi, Balasore, and Gajapati. As many as 121 out of 314 blocks have been identified as tribal sub plan blocks.
According to experts, since the PESA Act 1996 is a Central act, the rules should have been framed by Union government as was done in case of Forest Right Act 2006. “Had the rules been framed immediately, the implementation of the crucial legislation would have been faster and smoother,” they said.
The draft PESA rules says, “Whenever land has to be acquired by the State government, the concerned land acquisition Officer shall consult the grama panchayat on the proposed acquisition of land providing a complete outline of the proposed project including possible impact on the area and society, proposed plan of land acquisition, new people likely to settle in the village, the proposed amount of the compensation, proposed participation, job opportunity for the people of the village, rehabilitation of the displaced person, if any to the gram panchayat.”
In case of industrial projects, covering more than one village, all the gram sabhas that are affected by such projects shall be consulted by the Zilla Parishad. The rule is, however, silent on the power of gram sabhas in refuting or accepting land acquisition.
Similar provisions were made in case of minor minerals and grant of prospecting license or mining lease. The Zilla Parishad is required to seek the advice of the gram sabha before recommending a case or cases for grant of prospecting license or mining lease for minor minerals or concession for the exploitation of minor minerals.
Gram sabhas, however, will not have any power regarding excavation and use of minor minerals from forestlands.
As per draft rules with respect to control over intoxicants, the sarpanch will place the proposal of the collector for establishing a unit for manufacturing or production of liquor in a village in a meeting of the gram sabha for their consideration and will communicate the decision of the gram sabha in shape of resolution to the collector within thirty days from the date of receipt of such proposal.
“The decision of the gram sabha in the matter of establishing a unit for manufacturing or production of liquor will be final and the collector will act according to the decision taken by the gram sabha,” it says.
Published – September 05, 2024 04:15 am IST
