In the dignified presence of President Smt. Droupadi Murmu, Madhya Pradesh witnessed a historic moment on November 15, 2022, when under the leadership of Chief Minister Shri Shivraj Singh Chouhan, the PESA Act was implemented to give rights of water, forest and land to the tribal community in Madhya Pradesh. Madhya Pradesh is the pioneer in the country to implement the PESA Act.
The PESA Act has been implemented in 89 tribal-dominated development blocks of 20 districts of the state. The PESA Act is becoming a means of economic and social upliftment of the tribal brothers and sisters and making them empowered and powerful. This act is in the interest of all the citizens of the society. It is not against any citizen of non-tribal community. The PESA Act will strengthen such tribal brothers and sisters who were left behind in the race for development.
According to the rules of the PESA Act, now the Patwari and the beat guard of the forest department will have to bring the map of village land, Khasra, B-1 copy to the village once in a year and show it to the Gram Sabha, so that no one is able to do any irregularity in the records of the land. If any discrepancy is found, the Gram Sabha will have the right to recommend correction of the record. The Patwari will also have to read out the details related to the land in the meeting of the Gram Sabha.
There is a provision in the PESA Act that the permission of the Gram Sabha will be necessary for the survey and land acquisition to be done in any project of the government’s plan. Now no one will be able to grab the land of any tribal citizen by deceit and force. If someone does so, the Gram Sabha will have the right to get it back. The PESA Act will eliminate the possibility of converting the religion by allurement and then grabbing the land of the tribal society. The Gram Sabha will decide whether or not to give the mineral quarry, which includes sand, ballast stone quarry, on contract or not. The society will have the first right on the mine, then the sister-daughter of the village and then the man.
Gram Sabha will make arrangement of irrigation and manage ponds
The state government has made ponds in every village. The complete management of these ponds will be done by the Gram Sabha. The Gram Sabha will decide whether to rear fish or cultivate water chestnuts in the pond. The income from the pond will be given to the Gram Sabha. The management of the pond which irrigates 100 acres of agricultural area will now be done by the Gram Sabha, not by the Irrigation Department.
Gram Sabha will have the right on forest produce
The Gram Sabha will have the right to collect and sell the forest produce – Mahua, Harra, Bahera etc. grown in the forest within the boundary of the village and fix the price. Gram Sabha has been given the right to pluck and sell tendu patta. There will be no interference of the government in this. The government will do this work only when the gram sabha wants it.
Gram Sabha will also decide about village development
Only the Gram Sabha will make an action plan for village development. The amount received by the Gram Panchayat can be spent only after the approval of the Gram Sabha. A labourer going out of the village for work will have to first inform the Gram Sabha where he is going to work, the address of the place where he is going to work, so that the interests of that labourer can be taken care of by the Gram Sabha. If any outsider comes to the village, he too has to inform the Gram Sabha. The Gram Sabha will also take care that the labourers get full wages.
In tribal areas, only licensed moneylenders will be able to lend money at a fixed rate of interest. This information will also have to be given to the Gram Sabha. Action will be taken against the concerned moneylender for charging more interest.
New liquor shop will not open without approval of gram sabha
Without the approval of the Gram Sabha, a new liquor and cannabis (bhang) shop will not open in the village. Gram Sabha can recommend removal of any liquor shop. If there is a school, hospital and dharamshala near the liquor shop, then the Gram Sabha can recommend to the government to remove that liquor shop from there. Gram Sabha will have the right to take action against liquor shops opened without approval. Gram Sabha can recommend to the collector to declare any particular day as dry day.
Gram Sabha will settle small disputes
A peace and dispute resolution committee will be formed in the village and petty disputes will not go to the police station. Such disputes will now be resolved in the Gram Sabha itself. Before registering an FIR in the police station against any person in the village, the police have to inform the gram sabha.
Gram Sabha will be able to inspect schools-anganwadis
The PESA Act has empowered the Gram Sabha to inspect Anganwadis, schools, ashrams, hostels and get their work done properly. Along with this, the Gram Sabha will also have the right to inspect the implementation of various government schemes in the Gram Panchayat and conduct social audit.
Protection of tribal traditions and culture
The Gram Sabhas will also be responsible for the preservation and promotion of local tribal traditions and culture. They will protect and preserve tribal traditions, customs, their cultural identity, community institutions and customary practices of dispute resolution. The Gram Sabha will also manage the markets, fairs and animal fairs to be held in the area.
