PESA ACT -(Historic initiative to empower and prosper the tribal community)

                           PESA ACT

Historic initiative to empower and prosper the tribal community
  

The state government, dedicated to the welfare of the tribal community, has taken a historic initiative towards empowering the tribes and has implemented PESA rule in Madhya Pradesh.  This rule is an unprecedented decision taken for the development of the tribal community.  After this decision, definitely not only the tribes will get full rights but their Panchayats will also get all the rights so that they can take decisions keeping in mind the interests of the tribal people.  After the implementation of PESA Act in scheduled areas, all the action plans for rural development will be made by the Gram Sabha.  This means that now Gram Sabhas will not have to depend on anyone for the development of their Panchayats.  The amount received by the Gram Panchayats can be spent only after the permission of the Gram Sabha, which will make better development of the village possible on time.  November 15, 2022 has become an unforgettable date for lakhs of people living in the scheduled areas of the state.  When the Chief Minister of the state, Shri Shivraj Singh Chouhan took the historic step of implementing the PESA Act to give all the rights to the tribal class in the state.  PESA Act is an important step taken towards the economic and social progress of the tribal class and making them empowered and empowered.

5 important things about PESA rules
1. The land is yours
2. Water is yours
3. Forest is yours
4. Special rights of workers Attention
5. Preservation and promotion of local institutions, traditions and culture.

The first right is of land
• Patwari and guard will provide the map of village land and forest area like Khasra, B-1 etc. to the Gram Sabha every year.  This means repeatedly visiting the tehsils to collect village records. You will not have to make rounds.
  • If any mistake is found in the revenue records, the Gram Sabha will have the full right to send its recommendations for its correction.
• In the notified areas, village land will not be acquired for any project without the consent of the Gram Sabha.
• If a non-tribal person or any other person tries to wrongfully take over or buy the land of tribal brothers and sisters through deceit, coaxing, marriage, then the Gram Sabha will be able to intervene in it.
• If the Gram Sabha comes to know about this then it will get the possession of that land back to the tribal brothers and sisters.  If the Gram Sabha faces any difficulty in doing so, it can refer the matter to the Sub-Divisional Officer to get back the possession of the land. In the notified areas, no action for survey, lease or auction of minerals can be taken without the recommendation of the Gram Sabha.
• Co-operative societies of Scheduled Tribes in approval of mineral leases, Female applicants and male applicants will be given preference in their respective categories.

The second right is to water

• Village ponds will now be managed by the Gram Sabha.
• Gram Sabha can do activities like fish farming and water chestnut production in the pond/reservoir.  The income generated from this will go to the Gram Sabha.
To ensure that no kind of dirt, garbage, sewage etc. accumulates in the pond/reservoir, the reservoir is not polluted, so that the assembly does not stop any kind of pollution. The Assembly will be able to take action to prevent any type of pollution.
Ponds and reservoirs with irrigation capacity up to 100 acres (40 hectares) will be managed by the concerned Gram Panchayat. 

The third right of the forest

Gram Sabha itself or by forming a committee in its area will be able to collect and market minor forest produce like pickle kernels, karanj seeds, mahua, lac, gum, harra, bahera, amla etc.  If more than one Gram Sabha wishes, they can do this work together.
Till now, either the government or the traders used to decide the price of minor forest produce, but now the command of price control will come into the hands of the tribes through the Gram Sabha.
The Gram Sabha or its committee will now be able to decide that they will not sell their forest produce at a price below a certain rate.

• If the Gram Sabha decides that the Forest Produce Association should collect and market the forest produce, then only the Forest Produce Association will be able to take this action.
This is a revolutionary decision, now the Gram Sabha will have the right to decide the prices of forest produce and the forest produce of poor tribal people will not be sold at throwaway prices.
Normally the collection and marketing of tendu leaves is done by the Minor Forest Produce Association, but if the Gram Sabha wishes, it can collect and market the tendu leaves itself.  If the Gram Sabha itself wants to collect and market tendu leaves, then it will have to inform the forest department by passing a resolution in its respective gram sabha for next year's tendu leaf collection.

The fourth right is to protect the rights of workers.

• To ensure that every eligible laborer in the village gets demand based employment, the Gram Sabha will prepare a year-long action plan and the Panchayat will approve it.
• The Gram Sabha will decide which tasks will be taken up in the village under the employment-oriented schemes of the Center and the State.
• If there is any fake name or any mistake in the muster roll made for employment related works, then the Gram Sabha will get this mistake corrected.
• There should be no unnecessary migration of people from the village, innocent tribal brothers Sisters will not have to face the curse of human trafficking, exploitation or bonded labor by taking them to other cities through agents in the name of work.
• Now neither will any person be able to go out of the village for work without informing the Gram Sabha nor will any outsider be able to come for work without the knowledge of the Gram Sabha.  The Gram Sabha will have a list of all the people going out for work.
Leaving your village for work without informing the Gram Sabha will be considered a violation of the rules and action can be taken against the violator.
• The Gram Sabha will also take care of ensuring that the people of the village who are working as laborers under MNREGA etc. get their full wages in return for their work.  The Gram Sabha will be able to propose a resolution that no one should be employed for less than the minimum wage set by the government.
• If a moneylender exploits someone does, interest more than prescribed takes it, then in such a situation his Complaint Gram Sabha its recommendation Can send it to the sub-divisional officer along with.
• If 100 beneficiaries of the village are eligible in a beneficiary-oriented scheme, then the Gram Sabha can determine the order of merit among them as per the criteria so that among the eligible beneficiaries, the one who needs it the most and the earliest gets the benefit.

The fifth right is to protect local institutions, traditions and culture.

• Now no new liquor/cannabis shop will be opened in the notified areas without the permission of the Gram Sabha.  If Gram Sabha takes any decision within 45 days It is automatically accepted that it does not Will go to open a new shop .
• If any liquor or cannabis shop is near the village hospital, school, religious place etc., then the Gram Sabha can send a recommendation to the government to shift it elsewhere.
• On the occasion of any local festival, the Gram Sabha can recommend to the Collector to close the liquor shop for the whole day or for some time on that day.  Collectors will be able to close the shop for that area within 4 dry days in a year.
• To discourage drug addiction, the Gram Sabha can also reduce the limit of intoxicants used by an individual.  The work of stopping the sale of illegal liquor in the village will also be done by the Gram Sabha.
• There will be a peace and dispute resolution committee in every village.  This committee will resolve minor disputes in the village using traditional methods and will help in maintaining peace in the village.  At least one third of the members in this committee will be women.
•This provision was also made in the rules That is if any person from the village • F against.  I.R.  If it is registered, its information will be immediately given to the village peace and dispute resolution committee by the police station.  Gram Panchayats in notified areas to manage markets and fairs. Will be capable.
• Gram Sabha also informed about this Care will be taken that the village schools run properly, health centers and agriculture run properly.  Anganwadis should function properly.  • In the rules, Gram Sabhas have been given the power to inspect and monitor the following institutions- gathering

• School • Health Center •Anganwadi • Ashram Schools • Hostel

Detailed information about PESA Act

Gram Sabha • Generally a village has a Gram Sabha.  But under this law, if the villagers wish, there can be more than one Gram Sabha of one village Khede, Falia, Majra, Tola, Para etc.  Khani Gram Sabha can manage the affairs according to the traditions and customs of that community.
• Whenever there is a conference of the Gram Sabha, its president will neither be the Sarpanch, nor the Deputy Sarpanch, nor the Pancha President, who will be elected by the majority of the Gram Sabha. 
• Belong to more than one Gram Sabha Will have the right to call joint conferences of Gram Sabhas on various subjects.  • To complete the quorum in the Gram Sabha conference, it will be necessary to have at least one-third women.  of Gram Sabha and Gram Panchayats rights
• To preserve traditions, customs and our cultural identity.  • To be able to use traditional methods of resolving disputes.
• Water, forest and land within the village. Like managing resources.  • Will have the right to control the expenditure of the local schemes that will be implemented.
• To manage village haats, markets and fairs.  Village Funds Near the village - • Every Gram Sabha has a Gram Sabha Fund. Will happen.  its account in the nearest bank Will be opened.
• The account of Gram Sabha Fund will be operated by 2 members, one of whom will be a woman.
Sarpanch, Deputy Sarpanch, Panch or their family members of Gram Panchayat will not be able to operate the account.Sarpanch, Deputy Sarpanch, Panch or their family members of Gram Panchayat will not be able to operate the account.
• The amount can be withdrawn from the Gram Sabha fund only after the approval resolution of the Gram Sabha is passed.
• The funds provided by the government to the villages will be used by the Gram Sabha for development works.
• Every Gram Panchayat will have its own budget, which will be presented before the Gram Sabha.
• The budget can be implemented only after the consent of the Gram Sabha.
•  The Gram Sabha will settle the disputes.
A peace and controversy in every gram sabha

There will be a redressal committee.

• This committee will resolve village disputes in a traditional manner in such a way that peace and harmony is maintained in the village.
• If any FIR related to that village is registered in the local police station, the committee will be informed about it by the police station.

Gram Sabha will have rights in farming work

• Making plans for agriculture. Prevention of soil erosion.
• To organize the grazing system.
• Conservation of rain water. 
• Fertilizer, seeds etc. with mutual cooperation
   arrangement.
• Promotion of organic fertilizers, fertilizers,    pesticides etc.
• Agriculture department officials will implement the farming plan prepared by the Gram Sabha.

Mineral and Gram Sabha
• Before survey and lease allotment in scheduled areas, it will be necessary to take recommendation of Gram Sabha.
Approval of identified minerals Preference will be given to tribal societies, female applicants and male applicants.
It will be the duty of the Mineral Department to inform the Gram Sabha about the allocation and auction of leases.
Management of Dwarf Forest Produce/Minor Forest Produce Preference will be given to tribal societies, female applicants and male applicants.
It will be the duty of the Mineral Department to inform the Gram Sabha about the allocation and auction of leases.

Management of Dwarf Forest Produce/Minor Forest Produce
• Forest Resources Planning and Control Committee will be formed by the Gram Sabha.
• Committee for management of minor forest produce Will plan and implement. 
• Similarly, the traditional collection, ownership and management of minor forest produce will be under the supervision of the Gram Sabha.
• The committee formed by the Gram Sabha will be able to collect and market minor forest produce.  If she wants to do that.  So the Gram Sabha will have to pass the resolution by 15th December.
• Gram Sabha can decide the minimum price for purchase and sale of forest produce in consultation with the Forest Department.
Management of minor forest produce does not mean that the forest land has vested in the Gram Sabha.
• Forest Resources Planning and Control Committee will be formed by the Gram Sabha.
• Committee for management of minor forest produceWill plan and implement. 
• Similarly, the traditional collection, ownership and management of minor forest produce will be under the supervision of the Gram Sabha.
• The committee formed by the Gram Sabha will be able to collect and market minor forest produce.  If she wants to do that.  So the Gram Sabha will have to pass the resolution by 15th December.
• Gram Sabha can decide the minimum price for purchase and sale of forest produce in consultation with the Forest Department.
Management of minor forest produce does not mean that the forest land has vested in the Gram Sabha.

Duties of Gram Sabhas

• Gram Sabha will be responsible for conservation, promotion and management of forests.
• Gram Sabha will make arrangements to extract dry wood etc. from the forest for family and community needs.
• No such resolution will be passed which is against the law.Any such work will not be supported which hurts customs and traditions.
• Any activity which harms harmony will not be supported.
There will be no obstruction in the lawful proceedings of the Government or of Government officials.