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local govts (LGs) (importance - 9 (when decision making at local level…
local govts (LGs)
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functions
recom-5
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clear demarkation of functions b/w state executive and LGs within a particular subject - eg: under education, give infra management to LGs
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higher level panchayats to manage imp public utilities - eg: public transport, water supply, power distribution
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PESA act
meaning
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 - enacted for same
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However, Pt may extend these provisions to such areas with
exceptions/modifications
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imp features
a state legislation on the Panchayats in the Scheduled Areas shall be in consonance with the
customary law, social and religious practices and traditional management practices of
community resources
Every Gram Sabha shall be competent to safeguard and preserve the traditions and customs of
the people, their cultural identity, community resources and the customary mode of dispute
resolution.
Every Gram Sabha shall—
(i) approve of the plans, programmes and projects for social and economic development
before they are taken up for implementation by the Panchayat at the village level; and
(ii) be responsible for the identification of beneficiaries under the poverty alleviation and
other programmes
Every Panchayat at the village level shall be required to obtain from the Gram Sabha a
certification of utilisation of funds for the above plans, programmes and projects.
the reservation for the Scheduled Tribes shall not be less than onehalf
of the total number of seats. Further, all seats of Chairpersons of Panchayats at all levels
shall be reserved for the Scheduled Tribes.
The Gram Sabha or the Panchayats at the appropriate level shall be consulted before making
the acquisition of land in the Scheduled Areas for development projects and before resettling
or rehabilitating persons affected by such projects in the Scheduled Areas.
The recommendations of the Gram Sabha or the Panchayats at the appropriate level shall be
mandatory for grant of prospecting licence or mining lease for minor minerals in the
Scheduled Areas.
The prior recommendation of the Gram Sabha or the Panchayats at the appropriate level shall
be mandatory for grant of concession for the exploitation of minor minerals by auction.
While endowing Panchayats in the Scheduled Areas with such powers and authority as may be
necessary to enable them to function as institutions of self-government, a State Legislature
shall ensure that the Panchayats at the appropriate level and the Gram Sabha are endowed
specifically with –
(i) the power to enforce prohibition or to regulate or restrict the sale and consumption of
any intoxicant
(ii) the ownership of minor forest produce
(iii) the power to prevent alienation of land in the Scheduled Areas and to take appropriate
action to restore any unlawfully alienated land of a Scheduled Tribe
(iv) the power to manage village markets
(v) the power to exercise control over money lending to the Scheduled Tribes
(vi) the power to exercise control over institutions and functionaries in all social sectors
(vii) the power to control local plans and resources for such plans including tribal sub-plans
finances
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issues - 4
shortage
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recom 3-4
efficient collection from existing avenues (profession tax, cattle reg tax, vehicle reg tax etc) like by using ICT
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make common property resources (water bodies, etc) more productive
for ULBs property tax
exempted properties to be minimised - eg: schools, hospitals etc
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