Maharashtra State
FIFTH SCHEDULE
(Article 244(1)
• The specification of “Scheduled Areas” in relation to a State
is by a notified order of the President, after consultation with
the State Government.
• The Scheduled Area in Maharashtra is declared by Hon’ble
President of India, dated on 2.12.1985
FIFTH SCHEDULE
(Article 244(1)
• Criteria for declaring any area as a “Scheduled Area”.
• Preponderance of tribal population,
• Compactness and reasonable size of the area,
• A viable administrative entity such as a district, block or taluka,
• Economic backwardness of the area as compared to the neighboring
areas.
1. PESA Act, 1996
• Background:
• The 73rd constitutional amendment made in 1992
proposed three-tier Panchayati Raj Institutions.
• But under Article 243(M) it was restricted for Scheduled Areas.
• After the Bhuria Committee recommendations in
1995, Panchayat Extension to Scheduled Areas (PESA) Act
1996 came into existence.
1. PESA Act, 1996
• The Provisions of the Panchayats (Extension to Scheduled
Areas) Act, 1996 or PESA is enacted by the Government of
India.
• Scheduled Areas are identified by the Fifth Schedule of the
Constitution of India. Scheduled Areas are in ten states of India
which have predominant population of tribal communities.
1. PESA Act, 1996
• PESA act was enacted on 24 December 1996 to extend the
provisions of Part IX of the Constitution.
• PESA sought to enable the Panchayats at appropriate levels and
Gram Sabhas to implement a system of self-governance with
respect to a following issues,
• Customary resources, minor forest produce, minor minerals,
minor water bodies, selection of beneficiaries, sanction of
projects, and control over local institutions.
1. PESA Act, 1996
• The PESA conferred the absolute powers to Gram Sabha,
whereas state legislature is given an advisory role to ensure the
proper functioning of Panchayats and Gram Sabhas.
• The power delegated to Gram Sabha cannot be curtailed by a
higher authority, and there shall be independence throughout.
1. PESA Act, 1996
• The States with Fifth Schedule Areas that are covered under
PESA are Andhra Pradesh, Chhattisgarh, Gujarat, Himachal
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha,
Rajasthan and Telangana.
• In Maharashtra, the Act covers 13 Districts in the Scheduled
Area (Pune, Thane, Palghar, Ahmednagar, Nashik, Nandurbar,
Dhule, Jalgaon, Nanded, Amravati, Yavatmal, Chandrapur and
Gadchiroli), 59 Blocks and of 2895 Gram Panchayats includes
6304 PESA villages.
1. Continued…
PESA Block No. of PESA GPs Total No. of PESA Villages
Sr. Name of
Fully Partially Total
No. District Fully Partially Total Fully Partially Total
covered covered Block
1 Pune 0 2 2 75 8 83 128 0 128
2 Thane 1 2 3 193 11 204 932 0 932
3 Palghar 6 2 8 410 1 411 748 0 748
4 Nashik 3 6 9 220 354 574 485 484 969
5 Ahmednagar 0 1 1 77 2 79 2 92 94
6 Jalgaon 0 3 3 28 4 32 58 0 58
7 Dhule 0 2 2 0 130 130 0 187 187
8 Nandurbar 4 2 6 516 2 518 869 0 869
9 Nanded 0 2 2 124 0 124 168 0 168
10 Amaravati 2 0 2 114 0 114 301 0 301
11 Yavatmal 0 6 6 145 19 164 332 0 332
12 Chandrapur 0 3 3 36 58 94 191 0 191
13 Gadchiroli 7 5 12 311 52 363 1327 0 1327
Total 23 36 59 2249 641 2895 5541 763 6304
Maharashtra Scheduled Area map
Provisions of Maharashtra PESA Rules, 2014
• Composition And Function Of Gram Sabha
• Gram Sabha Accounts
• Peace, Security And Dispute Resolution
• Management Of Natural Resources, Agriculture And Land
• Mines And Minerals
• Manpower
• Intoxication Control
• Minor Forest Produce
• Management Of Markets
• Money Lending
• Identification Of Beneficiaries, Approval Of Plans, Supervision, Etc.
Acts related to PESA
• The Maharashtra Land Improvement Schemes Act (XXVIII of 1942)
• The Bombay Money-lenders Act 1947 (Bombay XXXI of 1947)
• The Maharashtra Prohibition Act (XXV of 1949)
• The Maharashtra Police Act (XXII of 1951)
• Maharashtra Village Panchayats Act (III of 1959)
• The Maharashtra Fisheries Act, 1961 (Mah.I of 1961)
• The Maharashtra Industrial Development Act, 1961
• The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961
• Maharashtra Land Revenue Code, 1966
• The Maharashtra Forest Produce (Regulation of Trade) Act, 1969
• TheMaharashtra Housing and Area Development Act, 1976
Acts related to PESA
• The Maharashtra Irrigation Act, 1976
• The Maharashtra Forest Development (Tax on Sale of Forest-produce
by Government or Forest Development Corporation) (Continuance)
Act, 1983
• The Maharashtra Transfer of Ownership of Minor Forest Produce in
the Scheduled Areas, and the Maharashtra Minor Forest Produce
(Regulation of Trade) (Amendment) Act. 1997
• The Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006
• Biological Diversity Act, 2002
Indian Forest Act, 1927,
Maharashtra Transfer of Ownership of Minor Forest Produce in
the Scheduled Areas and the Maharashtra Minor Forest Produce
(Recognition of Trade) (Amendment) Act, 1997
and
The Scheduled Tribes and other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006
• The Amendment defines “Minor Forest Produces” and the
Rights of Gram Panchayat and Gram Sabha.
THE MARKETS AND FAIRS ACT, 1862
The Gram Sabha is competent to approve,control and
manage the markets within its territory
THE MAHARASHTRA LAND REVENUE CODE, 1966
Gram Sabha to safeguard natural resources in the Scheduled
Area
Consent of Gram Panchayat and Gram Sabha for minor
minerals
THE WATER (PREVANTION AND CONTROL OF POLLUTION) ACT,
1974
Planning and management of water resources
All the villagers have equal rights over these resources
THE WATER (PREVANTION AND CONTROL OF POLLUTION) ACT,
1974
Planning and management of water resources
All the villagers have equal rights over these resources
Maharashtra Village Panchayats Act. 1958
Special Provisions relating to the Village and Gram Sabha,
Reservation of Elected Representatives,
Maharashtra State Public Services (Reservation for Scheduled Castes,
Scheduled Tribes, De-notified Tribes (Vimukta Jatis), Nomadic Tribes,
Special Backward Category and Other Backward Classes) Act, 2001
Following posts which are to be filled in by direct recruitment for the
Scheduled Areas, in the State of Maharashtra, shall be filled in by the local
Scheduled Tribe candidates.
• 1 Talathi - Revenue and Forest Department.
• 2 Surveyor - Revenue and Forest Department.
• 3 Gram Sevak - Rural Development Department
• 4 Anganwadi supervisor - Women & Child Development Department.
• 5 Teacher - (i) Rural Development Department.
- (ii) Tribal Development Department.
• 6 Adivasi Vikas Nirikshak - Tribal Development Department
• 7 Agriculture Assistant - Agriculture, Dairy Development, Animal Husbandry
and Fisheries Department.
• 8 Livestock Supervisor - Rural Development Department.
• 9 Auxiliary Nurse and Midwife (APW) -Rural Development Department.
• 10 Multi-Purpose Health Worker (MPW) -(i) Rural Development Department
- (ii) Public Health Department.
• 11 Forest Guard - Revenue and Forest Department
• 12 Kotwal - Revenue and Forest Department
• 13 Forest Watcher -Revenue and Forest Department
• 14 Cook (Swayampaki) -Tribal Development Department
• 15 Laboratory Attendant -Tribal Development Department
• 16 Kamathi -Tribal Development Department
• 17 Police Patil -Home Department
Direct devolution of 5% of Tribal Sub Plan fund
to Gram Panchayats
Direct devolution of 5% of Tribal Sub Plan fund to Gram Panchayats
• By Notification dated 30/10/2014, the Maharashtra Village
Panchayats Act (III of 1959) has been modified.
• Government Resolution has been issued on 21 April 2015 and then
on 21 August 2015 by Tribal Development Department regarding
direct devolution of 5% of Tribal Sub Plan funds to Gram Panchayats
in Scheduled Areas of Maharashtra State.
Direct devolution of 5% of Tribal Sub Plan fund
to Gram Panchayats
• Since 2015, 1320 Crore are distributed to the Gram
Panchayats and PESA villages in the Scheduled Areas.
• A separate “Gram Sabha Kosh” has been set up for each
PESA village for PESA 5% Untied fund.
• “PESA 5% Abandh Nidhi Yojana” has created an
independent identity for Gram Sabhas.
Direct devolution of 5% of Tribal Sub Plan fund
to Gram Panchayats
• Each PESA village prepare the development plans
independently, keeping in view the local needs.
• Proper management of Minor Forest Produces has resulted
significant increase in income.
• Also, untied funds are appropriately used to preserve
traditions and customs in some of villages.
Direct devolution of 5% of Tribal Sub Plan fund
to Gram Panchayats
• The PESA 5% Untied Fund is to be utilized for the following
activities.
• A) Basic Infrastructure
• B) Forest Rights Act, (FRA) and PESA Act
• C) Health, Hygiene and Education.
• D) Forestry, wildlife conservation, water conservation, forest
ponds, wildlife tourism and forest livelihood.
