Ecolex Logo
The gateway to
environmental law
Search results » Legislation

Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA No. 40 of 1996).

Country/Territory
India
Document type
Legislation
Date
1996
Source
FAO, FAOLEX
Long title
An Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas.
Subject
Land & soil
Keyword
Land tenure Traditional rights/customary rights Expropriation Land-use planning Local government Indigenous peoples
Geographical area
Asia, Asia and the Pacific, Indian Ocean, South Asian Seas, Southern Asia
Abstract

This Act, as referred to in Clause (1) of art. 244 of the Constitution, amends part IX of the Constitution, related to Panchayats Extension to the Scheduled Areas. Part IX of the Constitution relating to Panchayats is extended to the Scheduled Areas subject to such exceptions and modifications, as provided in section 4. The Legislature of a State shall not make any law under that Part which is inconsistent with any of the following features, namely: a) a State legislation on the Panchayats that may be made shall be in consonance with the customary law, social and religious practices and traditional management practices of community resources; b) a village shall ordinarily consist of habitations or hamlets comprising a community and managing its affairs in accordance with traditions and customs; c) every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level; d) every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and the customary mode of dispute resolution; etc.

Full text
English
Website
tribal.nic.in

References - Legislation

Implemented by

Maharashtra Village Panchayats Extension to Scheduled Areas (PESA) Rules, 2014.

Legislation | India | 2014 (2014)

Keyword: Land tenure, Traditional rights/customary rights, Expropriation, Land-use planning, Local government, Community management, Indigenous peoples, Minerals, Mining

Source: FAO, FAOLEX