2012 · Polity & GovernancePrevious Year Question
Q1.
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?
A. 1 only
B. 1 and 2 only
C. 2 and 3 only
D. 1, 2 and 3
Answer

B

Explanation

ARTICLE 4(K) from PESA act: The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be made mandatory prior to grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas. Note: Pay attention to 'minor minerals' and 'or the Panchayats at the appropriate level' — these words are deliberately changed to make the statement false. Under PESA, Gram Sabhas have mandatory executive functions to approve plans of the Village Panchayats, identify beneficiaries for schemes, issue certificates of utilization of funds, right to be consulted before land acquisition, rehabilitation & resettlement, power to regulate and restrict sale/consumption of intoxicants, prevent alienation of land and restore alienated land, manage village markets, control money lending and ownership of minor forest produce.