act village

I’ve performed a DeepSearch to provide the most accurate and recent information on the **Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA Act)**, focusing on its details, recent updates, and relevance to your query about village land and government services. Below is a comprehensive response incorporating the latest available information from web sources and critical analysis, while addressing your original context about village autonomy and government rights over land.

---

### **PESA Act, 1996: Detailed Overview**

The **PESA Act, 1996**, enacted on **December 24, 1996**, extends the provisions of **Part IX of the Indian Constitution** (related to Panchayats) to the **Fifth Schedule Areas**, which are predominantly tribal regions. Its primary aim is to empower tribal communities through self-governance via **Gram Sabhas** (village assemblies), ensuring control over their land, resources, and cultural practices. The Act was introduced following the **Bhuria Committee recommendations (1995)** to address the exclusion of Scheduled Areas from the **73rd Constitutional Amendment (1992)**, which established the Panchayati Raj system.[](https://www.nextias.com/blog/pesa-act-1996/)[](https://en.wikipedia.org/wiki/PESA_Act)

#### **Key Objectives**:

1. Extend Panchayat provisions to Scheduled Areas with modifications to suit tribal needs.

2. Promote self-governance through Gram Sabhas.

3. Protect tribal traditions, customs, and cultural identity.

4. Empower tribal communities to manage natural resources (land, water, forests, minor minerals).

5. Prevent exploitation, including land alienation, by requiring Gram Sabha consent for development projects.[](https://www.nextias.com/blog/pesa-act-1996/)[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)[](https://testbook.com/ias-preparation/pesa-act)

#### **Applicability**:

The PESA Act applies to **Fifth Schedule Areas** in 10 states:

- Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.[](https://www.nextias.com/blog/pesa-act-1996/)[](https://pwonlyias.com/upsc-notes/pesa-act-of-1996-extension-act/)

These areas are notified by the President as predominantly tribal under the **Fifth Schedule** of the Constitution.[](https://en.wikipedia.org/wiki/PESA_Act)

#### **Major Provisions**:

The PESA Act grants significant powers to **Gram Sabhas** and **Panchayats** in Scheduled Areas:

1. **Gram Sabha Powers**:

   - **Natural Resource Management**: Control over land, minor forest produce (e.g., bamboo, tendu leaves), minor water bodies, and minor minerals (e.g., sand, gravel).[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)[](https://www.clearias.com/pesa-act/)

   - **Land Acquisition**: Mandatory consultation before land acquisition for development projects; Gram Sabha consent is required for land transfers to prevent alienation.[](https://www.nextias.com/blog/pesa-act-1996/)[](https://byjus.com/free-ias-prep/pesa-act/)

   - **Development Plans**: Approve and monitor socio-economic development projects, select beneficiaries for government schemes, and certify fund utilization.[](https://chahalacademy.com/pesa-act)

   - **Cultural Protection**: Safeguard tribal customs, traditions, and dispute resolution through traditional methods.[](https://egramswaraj.gov.in/demo/pesaDashboardView.do)

   - **Regulation**: Control over local markets, money lending, and intoxicants (e.g., liquor production and sale).[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)

2. **Panchayat Powers**:

   - Plan and implement development programs in alignment with tribal needs.

   - Manage community resources and prevent land alienation.

   - Align state laws with customary practices and traditional resource management.[](https://www.nextias.com/blog/pesa-act-1996/)

3. **State Responsibilities**:

   - Amend state Panchayati Raj Acts to comply with PESA provisions.

   - Ensure no state law contradicts PESA’s mandate for tribal autonomy.[](https://indianexpress.com/article/explained/everyday-explainers/explained-pesa-act-background-aaps-election-promise-gujarat-8077958/)

#### **Significance**:

- **Empowerment**: Enhances tribal participation in governance, giving Gram Sabhas authority over local decisions.[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)

- **Resource Control**: Protects tribal livelihoods by granting rights over natural resources, reducing exploitation by external entities.[](https://www.nextias.com/blog/pesa-act-1996/)

- **Land Rights**: Prevents unauthorized land transfers, addressing historical issues of tribal land alienation due to coercion or fraud.[](https://en.wikipedia.org/wiki/PESA_Act)

- **Cultural Preservation**: Upholds tribal identity by recognizing traditional governance and dispute resolution systems.[](https://egramswaraj.gov.in/demo/pesaDashboardView.do)

- **Decentralization**: Promotes grassroots democracy by devolving power to village-level institutions.[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)

---

### **Recent Updates on PESA Act (as of May 2025)**

DeepSearch revealed several recent developments and updates regarding the PESA Act, particularly in its implementation and state-level compliance:

1. **Odisha’s Draft PESA Rules (2023)**:

   - In **November 2023**, the Odisha government published the **Odisha Grama Panchayats Extension to Scheduled Areas Rules, 2023**, 27 years after the PESA Act’s enactment. These rules were expected to be tabled in the Odisha State Legislative Assembly in **2024**.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)

   - The draft rules emphasize Gram Sabha authority over land acquisition, minor minerals, mining leases, intoxicants, and prevention of land alienation. For example, the rules state that the Gram Sabha’s decision on establishing liquor manufacturing units is final.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)

   - Critics argue that the delay in framing rules reflects a lack of political will, and implementation has been slow despite Odisha having the third-largest tribal population after Madhya Pradesh and Maharashtra.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)

2. **Chhattisgarh’s PESA Rules (2022)**:

   - Chhattisgarh implemented **PESA Rules in 2022**, mandating that 50% of Gram Sabha members be from tribal communities, with 25% female representation.[](https://www.insightsonindia.com/2022/08/11/pesa-act-1996/)

   - However, implementation faces challenges, such as bypassing PESA provisions by using alternative laws like the **Coal Bearing Act, 1957**, for land acquisition (e.g., in Korba district).[](https://pwonlyias.com/editorial-analysis/pesa-act/)

3. **Gujarat’s Implementation**:

   - Gujarat notified **PESA Rules in January 2017**, covering 4,503 Gram Sabhas in 50 tribal talukas across eight districts. Despite this, the Act has not been enforced in its true spirit, with social audits revealing that development schemes are often approved on paper without actual Gram Sabha meetings.[](https://indianexpress.com/article/explained/everyday-explainers/explained-pesa-act-background-aaps-election-promise-gujarat-8077958/)[](https://www.drishtiias.com/daily-updates/daily-news-analysis/pesa-act-2)

   - In **2022**, political parties in Gujarat promised stricter PESA implementation to woo tribal voters, indicating ongoing relevance but incomplete execution.[](https://indianexpress.com/article/explained/everyday-explainers/explained-pesa-act-background-aaps-election-promise-gujarat-8077958/)

4. **Maharashtra’s Legislative Alignment**:

   - Maharashtra has made efforts to align state laws with PESA. For instance, a **2016 notification** modified the **Maharashtra Land Revenue Code, 1966**, to require Gram Sabha consent for land alienation in Scheduled Areas.[](https://en.wikipedia.org/wiki/PESA_Act)

   - Notifications in **2014** by Governor Ch. Vidyasagar Rao aligned laws like the **Markets and Fairs Act, 1862**, with PESA provisions.[](https://en.wikipedia.org/wiki/PESA_Act)

5. **Conferences and Advocacy**:

   - A **two-day regional conference** on strengthening PESA was held in **Ranchi, Jharkhand**, on **March 4–5, 2024**, highlighting the need for better implementation and rule-making by states.[](https://pwonlyias.com/editorial-analysis/pesa-act/)

   - Experts and tribal leaders continue to advocate for central government involvement in framing uniform PESA rules, similar to the **Forest Rights Act, 2006**, to ensure smoother implementation.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)

6. **States Lagging in Rule-Making**:

   - As of **2024**, only seven of the ten states with Fifth Schedule Areas have notified PESA Rules: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, and Rajasthan. **Jharkhand, Madhya Pradesh, and Odisha** have not fully framed or notified rules, hindering effective implementation.[](https://pwonlyias.com/editorial-analysis/pesa-act/)[](https://www.insightsonindia.com/2022/08/11/pesa-act-1996/)

7. **Judicial Interventions**:

   - The **Supreme Court** has upheld PESA provisions in cases like the **Orissa Mining Corporation vs. Ministry of Environment & Forests (2013)**, where it ordered the Odisha government to seek Gram Sabha permission for bauxite mining in Niyamgiri hills, leading to the project’s cancellation. This underscores PESA’s legal weight in protecting tribal rights.[](https://pwonlyias.com/editorial-analysis/pesa-act/)

---

### **Relevance to Your Query: Village Autonomy and Government Services**

Your queries about whether the **state or central government has rights over village land** and the **consequences of a village rejecting government services** are closely tied to the PESA Act in Scheduled Areas. Here’s how PESA addresses these concerns:

#### **1. Government Rights Over Village Land in Scheduled Areas**:

- **Limited Government Authority**: In Scheduled Areas, the PESA Act significantly curtails state and central government rights over village land. The **Gram Sabha** is the primary authority for managing community resources (e.g., common land, forests, water bodies) and approving land-related decisions.[](https://www.nextias.com/blog/pesa-act-1996/)

- **Land Acquisition**: Any land acquisition for development projects (e.g., highways, dams, mines) requires **mandatory consultation** with the Gram Sabha, and in many cases, explicit consent. For example, Maharashtra’s 2016 notification ensures no land alienation occurs without Gram Sabha approval.[](https://en.wikipedia.org/wiki/PESA_Act)[](https://byjus.com/free-ias-prep/pesa-act/)

- **Private Land**: For privately owned land, government rights are limited to acquisition under the **Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation and Resettlement Act, 2013**, but PESA mandates Gram Sabha involvement in Scheduled Areas.[](https://www.nextias.com/blog/pesa-act-1996/)

- **Community Land**: Common lands (e.g., grazing lands, ponds) are under Gram Sabha control, not the state or central government, reducing direct government authority.[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)

- **Critical Analysis**: While PESA strengthens tribal control, implementation gaps mean that state governments sometimes bypass Gram Sabha consent by using alternative laws (e.g., Coal Bearing Act in Chhattisgarh). This undermines PESA’s intent, but judicial interventions have occasionally corrected such violations.[](https://pwonlyias.com/editorial-analysis/pesa-act/)

#### **2. Consequences of Rejecting Government Services**:

- **Autonomy Under PESA**: PESA empowers Gram Sabhas to manage their affairs independently, including rejecting certain government services or projects if they conflict with tribal interests or cultural practices. For instance, Gram Sabhas can refuse development projects or regulate intoxicants, aligning with their traditional governance systems.[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)[](https://www.clearias.com/pesa-act/)

- **Implications of Rejection**:

  - **Self-Reliance**: A village rejecting government services (e.g., electricity, schools, health facilities) must become self-reliant. PESA supports this by allowing Gram Sabhas to manage resources like minor forest produce or water bodies to generate income or meet needs. However, this requires significant resources, organization, and technical knowledge, which may be challenging.[](https://www.nextias.com/blog/pesa-act-1996/)

  - **Development Impact**: Rejecting services could lead to developmental setbacks, such as limited access to education or healthcare, potentially affecting future generations.[](https://vajiramandravi.com/upsc-exam/pesa-act-1996/)

  - **Government Response**: There’s no legal obligation for villages to accept government services, and PESA protects their autonomy. The government is unlikely to intervene forcibly unless public health or safety is at risk (e.g., during a pandemic). However, rejecting services may exclude the village from government schemes like MGNREGA or PM Awas Yojana.[](https://www.clearias.com/pesa-act/)

  - **Social Dynamics**: Internal disagreements within the village could arise, as not all residents may support rejecting services, leading to potential conflicts.[](https://www.drishtiias.com/daily-updates/daily-news-analysis/panchayat-extension-to-scheduled-areas-pesa-act-1996)

- **PESA’s Role**: By empowering Gram Sabhas, PESA allows villages to negotiate terms for accepting services, ensuring they align with tribal needs. For example, a Gram Sabha could demand culturally sensitive education or healthcare models.[](https://testbook.com/ias-preparation/pesa-act)

#### **Critical Perspective**:

- **Implementation Gaps**: Despite PESA’s progressive framework, its effectiveness is hampered by bureaucratic resistance, lack of political will, and unclear definitions (e.g., “minor water bodies”). Social audits show that Gram Sabhas are often bypassed, with approvals granted on paper without meetings.[](https://www.drishtiias.com/daily-updates/daily-news-analysis/pesa-act-2)[](https://www.drishtiias.com/daily-updates/daily-news-analysis/panchayat-extension-to-scheduled-areas-pesa-act-1996)

- **Central vs. State Tension**: The central government enacted PESA, but its implementation relies on state governments, leading to inconsistencies. States like Odisha and Jharkhand have delayed rule-making, weakening tribal autonomy.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)[](https://www.insightsonindia.com/2022/08/11/pesa-act-1996/)

- **External Pressures**: Development projects, especially mining and industrialization, often override PESA provisions due to economic interests, highlighting a conflict between tribal rights and national development goals.[](https://cjp.org.in/pesa-act-origins-workings-and-challenges/)

---

### **Challenges in PESA Implementation**:

1. **Delayed Rule-Making**: States like Jharkhand, Madhya Pradesh, and Odisha have not fully framed PESA Rules, delaying effective implementation.[](https://pwonlyias.com/editorial-analysis/pesa-act/)

2. **Bureaucratic Apathy**: Officials often lack awareness or disregard PESA provisions, undermining Gram Sabha authority.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)

3. **Ambiguities**: Terms like “minor minerals” or “consultation” are not clearly defined, leading to misinterpretation. For example, “consultation” is sometimes misconstrued as not requiring Gram Sabha approval.[](https://cjp.org.in/pesa-act-origins-workings-and-challenges/)[](https://pwonlyias.com/upsc-notes/pesa-act-of-1996-extension-act/)

4. **Dominance of Elites**: Gram Sabha meetings are sometimes controlled by influential members or sarpanches, sidelining common tribals.[](https://en.wikipedia.org/wiki/PESA_Act)

5. **Lack of Awareness**: Many tribal communities are unaware of their PESA rights, limiting their ability to assert autonomy.[](https://en.wikipedia.org/wiki/PESA_Act)

---

### **Recommendations for Villages in Scheduled Areas**:

1. **Leverage PESA Rights**: Use Gram Sabha authority to negotiate terms for government services, ensuring they respect tribal customs and needs.

2. **Build Self-Reliance**: Develop alternative systems (e.g., solar energy, community schools) to reduce dependence on government services, supported by PESA’s resource management provisions.

3. **Seek Legal Support**: Engage NGOs or legal experts to enforce PESA rights, especially against unauthorized land acquisition or project approvals.

4. **Raise Awareness**: Conduct community education on PESA provisions to ensure inclusive Gram Sabha participation.

5. **Monitor Implementation**: Use social audits to ensure Gram Sabha decisions are respected and development schemes are implemented transparently.

---

### **Conclusion**:

The **PESA Act, 1996**, is a landmark legislation that empowers tribal villages in Scheduled Areas to control their land, resources, and governance, significantly limiting state and central government authority. It supports village autonomy, allowing communities to reject or negotiate government services while managing their affairs through Gram Sabhas. However, implementation challenges, such as delayed rule-making and bureaucratic resistance, hinder its full potential. Recent updates, like Odisha’s 2023 draft rules and Chhattisgarh’s 2022 rules, show progress, but states must act swiftly to frame and enforce PESA Rules to uphold tribal rights.[](https://www.thehindu.com/news/national/odisha/rules-under-pesa-act-to-be-presented-before-odisha-assembly-next-session-assures-minister/article68605669.ece)[](https://www.insightsonindia.com/2022/08/11/pesa-act-1996/)

If you have specific details about the village, state, or situation (e.g., reasons for rejecting services or land disputes), please share them, and I can tailor the response further. Additionally, if you’d like me to analyze a particular aspect of PESA (e.g., a case study or state-specific rules), let me know!