PESA-Rules 2011 PDF
PESA-Rules 2011 PDF
PESA-Rules 2011 PDF
ABSTRACT
ORDER:-
The 73rd amendment to the Constitution of India extended the
provisions of Part-IX of the Constitution to the Scheduled Areas in the State
by enacting the Provisions of the Panchayats (Extension to the Scheduled
Areas) Act, 1996 (Act No.40 of 1996) by Government of India; in
consonance with the Act. Govt. of Andhra Pradesh enacted the Andhra
Pradesh Panchayat Raj (Amendment) Act, 1998 (Act No. 7 of 1998) duly
amending the Andhra Pradesh Panchayat Raj Act, 1994 (Act No.13 of 1994).
The Act empowers the Gram Sabhas / Panchayats (GSs./GPs) in Scheduled
Areas to safeguard and preserve the traditions and customs of the people,
their cultural identity, community resources and customary modes of dispute
resolution and ownership of Minor Forest Produce (MFP) etc.
2. Implementation of the Andhra Pradesh Panchayat Raj (Amendment)
Act, 1998 which promotes self governance, giving a central role to Gram
Sabhas, is vital to safeguard the interests of the people living in the
Schedule-V areas.
3. Accordingly, the following notification shall be published in an
Extraordinary Issue of the Andhra Pradesh Gazette dated. 24.03.2011.
NOTIFICATION
Contd..2.
:: 2 ::
RULES
1. Short title, Extent and Commencement
(i) These Rules may be called the Andhra Pradesh Panchayats Extension to
Scheduled Areas (PESA) Rules, 2011.
(ii) They shall extend to all the Scheduled Areas in the State where the
Andhra Pradesh Panchayat Raj Act, 1994 is in force.
2. Definitions
(1) In these Rules, unless the context otherwise requires;
(i) ‘Act’ means the Andhra Pradesh Panchayat Raj Act, 1994 as amended by
the Andhra Pradesh Panchayat Raj (Amendment) Act, 1998 (Act No.7 of
1998).
(ii) ‘Gram Sabha’ means a Gram Sabha which comes into existence under
Rule 4.
(iii) ’Minor water bodies’ means natural water bodies used for fetching
drinking water, construction of check dams and irrigating an extent of
land up to 40 hectares.
(iv) `Scheduled Areas’ means the Scheduled Areas notified under paragraph
6 of the Fifth Schedule to the Constitution of India.
(2) The words and expressions used but not defined in these Rules shall
have the meaning assigned to them in the Mines and Minerals (Regulation
and Development) Act, 1957; the Andhra Pradesh Scheduled Areas Land
Transfer Regulation, 1959; the Andhra Pradesh Scheduled Areas Money
Lenders Regulation,1960;the Andhra Pradesh Scheduled Tribes Debt Relief
Regulation,1960; the Andhra Pradesh (Agricultural Produce & Live Stock)
Act, 1966; the Andhra Pradesh Forest Act, 1967; the Andhra Pradesh Excise
Contd.. 3.
:: 3 ::
Act, 1968; the Andhra Pradesh Scheduled Tribes Debt Relief Regulation,
1970; the Andhra Pradesh Scheduled Areas Minor Forest Produce
(Regulation of Trade) Regulation, 1979; the Forest (Conservation) Act,
1980; the Andhra Pradesh Education Act, 1982; the Andhra Pradesh
Panchayat Raj Act, 1994 as amended by the Andhra Pradesh Panchayat Raj
(Amendment) Act, 1998; the Andhra Pradesh Farmers Management of
Irrigation Systems Act, 1997;and the Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest Rights) Act, 2006 or any other such
Legislation time being.
(i) Every village declared in the aforesaid manner shall have a Gram
Sabha comprising of adult members, whose names are included in the
electoral rolls at the village level.
(ii) The Sarpanch of the Gram Panchayat shall be the President of the
Gram Sabha. The Gram Sabha shall elect a Vice President and
Secretary as per the procedure prescribed below.
Contd..4.
:: 4 ::
(iv) The quorum for the Gram Sabha meeting shall be not less than 1/3rd
of members of Gram Sabha of whom at least 50% shall be ST
members.
(v) The Gram Sabha shall elect a Vice President and Secretary from
among the members of the village by show of hands. The Vice
President and the Secretary shall be from the Scheduled Tribe and the
tenure shall be 5 years.
(viii) At the end of each meeting of Gram Sabha, the presiding Member shall
read the proceedings of the Gram Sabha and get the approval of the
Members. Each item of resolution should be recorded separately and
approval or otherwise of the Gram Sabha shall be obtained. The
Members shall raise their hands in token of their approval.
(ix) Resolutions passed during the meeting of the Gram Sabha shall be
recorded in a register and signatures / thumb impressions as the case
may be of members shall be taken by the Secretary / Vice President of
Gram Sabha.
(xi) The following matters shall be placed before the Gram Sabha for its
consideration.
(xiv) The Mandal Praja Parishad may seek the advice of/assistance from
the Multi Disciplinary Teams constituted by the Project Officer,
Integrated Tribal Development Agency concerned or any other
Government Agency in preparation of village development plans and
prioritizing the benefits and schemes.
(xv) The Gram Sabha shall furnish certificate of utilization of funds to the
concerned agency/Government department for the funds released to
it.
(1) When the Government considers land acquisition under any Act, the
Government or the concerned authority will submit to the Mandal Praja
Parishad the following written information alongwith the proposal:-
(i) The complete outline of the proposed project including the possible
impact of the project.
(3) The Mandal Praja Parishad after considering all the facts shall make a
recommendation regarding the proposed land acquisition and rehabilitation
plan of persons displaced.
(5) In case the Land Acquisition Officer is not in agreement with the
recommendations of the Mandal Praja Parishad, he will send the case again
to the Mandal Praja Parishad for consideration.
(7) In case of industrial projects, all the Mandal Praja Parishad that are
influenced by such projects shall be consulted.
(8) The progress of rehabilitation plan should be placed before the Mandal
Praja Parishad after every 3 months from the date of notification for land
acquisition.
(9) If in the opinion of the Mandal Praja Parishad, suggested measures are
not followed, the Mandal Praja Parishad may inform the State Government in
writing regarding the same, and it will be mandatory for the State
Government to take appropriate action.
(b) Each tribal PAF shall get additional financial assistance equivalent to
500 days of minimum agriculture wage for loss of customary
rights/usages of forest produce.
(c) Tribal PAFs will be re-settled close to their natural habitat of their
choice, to the extent possible, in a compact block so that they can
retain their ethnic, linguistic and cultural identity.
(d) The tribal families residing in the Project Affected Areas having fishing
rights in the river/pond/dam shall be given fishing rights in the
reservoir area.
(e) The tribal PAFs shall be resettled and rehabilitated within the
Scheduled areas.
Contd.. 8.
:: 8 ::
(iv) The Zilla Parishad shall be responsible for planning and management of
minor water bodies for the common benefit of the people living in the
Mandal Parishads concerned where such water bodies fall within the limits of
2 or more Mandals.
(v) The appropriate body shall be responsible for planning and management
of water bodies for the common benefit of the people living under its limits
where such water bodies fall under the jurisdiction of two or more Zilla
Parishads.
(vi) Planning of minor water body shall also include planning and
construction of a new water body.
(vii) Management of minor water body shall include all works of repair,
restoration for maintenance, fixing of ayacut season by season, levy of
water rate, its collection and utilization.
(ix) The Government shall provide requisite amount every year for the
maintenance of minor water bodies. This grant shall be on prorata basis and
be transferred to the appropriate Panchayat account.
Contd..9.
:: 9 ::
7. Minor minerals in the Scheduled Areas
Grant of prospecting license or mining lease for minor minerals.
(ii) The Mining Department shall refer all applications received for grant of
prospecting license or mining lease for minor minerals in the Scheduled
Areas to the concerned Gram Panchayat for their consideration.
(iii) The Gram Panchayat shall forward its approval or reject individual or
tribal societies or Tribal Mining Corporation by passing an appropriate
resolution within 4 weeks.
(iv) The decision of the Gram Panchayat shall be binding and final.
(I) Excise:
(a) The Department concerned shall inform its intention to establish a unit
for manufacturing liquor in a village to the Gram Sabha concerned for
its opinion on the production or manufacture of liquor in the said
village. Gram Sabha will convey its opinion in the form of a resolution
within four weeks. Based on the resolution of the Gram Sabha the
department concerned shall act upon about the production /
manufacture of liquor in the village under intimation to Gram Sabha
concerned.
(b) The Gram Sabha shall be consulted before the grant of any license to
open liquor shop in the village. Gram Sabha will convey its opinion in
the form of resolution within four weeks. The license shall be granted
to local scheduled tribe only.
(c) The Department concerned shall issue a speaking order for granting or
not granting any license to open liquor shop/bar in the village under
intimation to the Gram Sabha concerned. The Gram Sabha resolution
shall be binding and final.
Contd.. 10.
:: 10 ::
(d) The Gram Sabha shall determine the quantity of traditional liquor that
may be brewed/produced by the Scheduled Tribes living in a village for
their consumption but not for sale having regard to the traditions,
customs relating to consumption of local liquor during marriage and
other social and religious ceremonies and their cultural identity.
(d) The Gram Sabha shall maintain a register containing the names of
each collector of minor forest produce in the habitation.
(f) The Project Officer, ITDA shall be made the Chairman of the
committee constituted for the management of Bamboo and Tendu
products in the respective jurisdiction.”
Contd..11.
:: 11 ::
(III) Prevention of alienation of lands in the scheduled areas
and restoration of alienated lands of scheduled tribe
(2) If there are conflicting claims in respect of the possession of lands, the
Gram Sabha shall convene a meeting and call for evidence in support of such
claims from the concerned to pass appropriate resolutions and request to the
competent authority under the Andhra Pradesh Scheduled Areas Land
Transfer Regulation, 1959 to initiate consequential action.
(3) The Gram Sabha shall also convene a meeting on receipt of any
complaint on alienation of land in favour of a non-tribal or suomotu pass
appropriate resolution and shall forward the same to the competent
authority to take necessary action to restore the land to the scheduled tribe
transferor.
Contd..12.
:: 12 ::
(4) Any person aggrieved by the resolution of Gram Sabha may within a
period of sixty days from the date of resolution, file a petition to the
competent authority under the A.P. Scheduled Areas Land Transfer
Regulation, 1959.
(5) The competent authority under the A.P. Scheduled Areas Land
Transfer Regulation, 1959 may either allow or reject or refer the petition to
the Gram Sabha concerned for reconsideration.
(6) After receipt of such reference, the Gram Sabha shall meet within a
period of thirty days, hear the petition, pass resolution on that reference and
forward the same to the competent authority under the A.P. Scheduled
Areas Land Transfer Regulation, 1959.
(7) The competent authority under the A.P. Scheduled Areas Land
Transfer Regulation, 1959 shall consider the resolution of Gram Sabha and
pass appropriate order, either accepting or rejecting the petition.
(8) The competent authority under the A.P. Schedule Areas Land Transfer
Regulation, 1959 shall invariably implead the Gram Sabha concerned for
their considered opinion in every case of land alienation involved tribal and
non-tribal. The Gram Sabha concerned shall be impleaded and the opinion
of the Gram Sabha shall be duly examined.
(9) The competent authority under the A.P. Scheduled Areas Land
Transfer Regulation, 1959 shall furnish the copies of judgments to the Gram
Sabhas concerned in every case.
Contd.. 13.
:: 13 ::
(a) Licenses should be given only to local Scheduled Tribes.
(b) maintain and manage the market yards;
(c) regulate the opening, closing and suspending of transactions in a
market yard;
(d) Supervise the conduct of market functionaries;
(e) enforce the conditions of license;
(f) regulate the making, execution and enforcement or cancellation
of agreements of sales, the weighment, delivery, payment and
all other matters relating to the marketing of agricultural
produce, NTFP Produce, live stock or products of live stock and
all matters ancillary thereto.
(h) provide for the settlement of all disputes between the seller and
the buyer and others arising out of any kind of transaction
connected with the marketing of a notified agricultural produce,
NTFP Produce, live stock or products of live stock and other
products and all matters ancillary thereto;
(k) levy, recover and receive fees, subscriptions and other sums of
money to which the Panchayat is entitled;
Contd.. 14.
:: 14 ::
(o) Regulate the entry of persons and the vehicular traffic into the
market yard;
(p) Prosecute persons violating the rules as per the rules of the
concerned Department.
(i) Education
(a) The Mandal Parishad shall be the authority to call for the administratsive
reports of all the Educational Institutions through the respective Gram
Panchayat.
Contd.. 15.
:: 15 ::
(b) The Mandal Parishad shall approve the budget for all the Educational
Institutions in its jurisdiction by 31st May i.e before commencement of
the academic year.
(c) The Mandal Parishad shall monitor attendance and regularity of all the
teachers working in all the Educational Institutions in its jurisdiction and
shall report to the competent authority for disciplinary action whenever
they are found to be absent or indulging in irregular practices. The
competent authority shall take action under intimation to the Mandal
Parishad or Gram Panchayat, as the case may be.
(b) The Mandal Parishad shall call for the administrative reports from all the
hostel welfare officers in its jurisdiction twice in an academic year.
(d) The Mandal Parishad shall recommend suitable action against the hostel
welfare officers and the other staff whenever they are found to be
absent or indulging in irregular practices to disciplinary authority
concerned. The disciplinary authority concerned shall take action under
intimation to the Mandal Parishad or Gram Panchayat, as the case may
be.
(iii) Health
The Panchayat Raj Institution shall support, guide and review the hospitals
where institute in their respective jurisdiction with Special focus on:
(a) Review and monitor the National Health Programme under Rural
Health mission and all other programmes.
Contd.. 16.
:: 16 ::
(f) Right from Village level to District level the Panchayat Raj
Institutions will own the functioning of Primary Health Centers
in their Jurisdiction ie. Gram Panchayat at Village level, Mandal
Praja Parishad at Mandal level and Zilla Parishad at District
level.
(g) Panchayat Raj Institutions will take ownership of activities such as
safe water, Hygiene and sanitation of the villages.
(j) The Mandal Parishad shall approve the budget of all Primary
Health Centers and sub centers in its jurisdiction.
(k) The Mandal Parishad shall call for the administrative reports of
all Primary Health Centers and sub centers within a month
from the commencement of the financial year.
Contd.. 17.
:: 17 ::
(b) The Mandal Parishad shall call for the administrative reports from the
Project Officer, ICDS in its jurisdiction within a month from the
commencement of the financial year.
(c) The Gram Panchayat shall be the appointing and disciplinary authority for
all the Anganwadi workers i.e. helpers and workers.
(V) Control over local plans and resources for such plans
including tribal sub plans:
(c) The Mandal Parishad and Gram Panchayat shall review the
progress of implementation of TSP across all the Departments
in their jurisdiction once in a month.
(d) The Mandal Parishad and Gram Panchayat shall submit the
administrative report on the implementation of TSP through the
District Collector concerned.
9. Power of Appeal, Revision and Review:
// FORWARDED BY ORDER //
SECTION OFFICER