QUESTION

GS

Hard

Indian Polity

Prelims 2012

In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?

  1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.
  2. Gram Sabha has the ownership of minor forest produce.
  3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.

Which of the statements given above is/are correct?

Select an option to attempt

Explanation

Statement 1 is Correct: Under Section 4(m)(iii) of the PESA Act, 1996, the Gram Sabha or the Panchayat at the appropriate level is specifically endowed with the power to prevent alienation of land in the Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribe.

Statement 2 is Correct: Section 4(m)(ii) of the PESA Act explicitly endows the Gram Sabha or the Panchayats at the appropriate level with the ownership of minor forest produce.

Statement 3 is Incorrect: Under Section 4(k) of the Act, the recommendation of the Gram Sabha or the Panchayats at the appropriate level is mandatory for the grant of prospecting licenses or mining leases for minor minerals in the Scheduled Areas, not for all minerals.

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