Jharkhand govt gives final shape to PESA law

Ranchi: The Jharkhand government has finalised the PESA Rules-2022. Henceforth, Gram Sabhas will be powerful and empowered under PESA rule.

As per the new law, “The meetings of the Gram Sabha will be presided over by the traditional heads like Manki, Munda etc. No land can be acquired without the consent of the Gram Sabha. The decision of the Gram Sabha will be final. Even in the matter of buying and selling the land of tribals, the Gram Sabha has the right to do so.”

Consent will be mandatory. In order to restore law and order in the village, the Gram Sabha will be able to impose a minimum penalty of Rs 10 to a maximum of Rs 1000 on those committing crimes under a total of 36 sections of the IPC. The appeal of the penalty can be made directly to the High Court after the traditional higher level. While determining the role of the police in the PESA rule, it has been made mandatory to inform the Gram Sabha about the reasons for arrest within 48 hours of someone’s arrest. The Gram Sabha has also been given the right to return the land of the tribals.”

Objections and suggestions were sought till August 31 on the draft of the PESA rule issued by the state government. In light of this, many organizations had lodged objections on the draft of the rule. Many suggestions were also given. The government has rejected those objections and suggestions, which were contrary to the provisions of the High Court, the Supreme Court and the PESA Act, Jharkhand Panchayat Raj Act-2001.

In addition, PESA Rule-2022 has been finalized by accepting the relevant suggestions. There are a total of 17 chapters and 36 sections in it. The important suggestions which have been accepted by the government include separate fund for the Gram Sabha, right to select the beneficiaries, preservation of traditions, adherence to traditions, and consent of the Gram Sabha before implementing the schemes made by the department and taking the laborers out. Before giving their detailed information to the Gram Sabha, other issues are included.

In such a rule, a provision has been made to establish a fund in the Gram Sabha. It will be known as food fund, labor fund, commodity fund and cash fund. Donation, incentive amount, penalty, fee, royalty from forest produce, amount received from lease of pond, market etc. will be kept in Nakai Fund. Only a maximum of Rs 10,000 will be kept in a box in the Gram Sabha. The amount deposited more than this will be kept in the bank account.