Civil Services Prep

Prelims 2012 · Polity and Constitution · Question 1

In the areas covered under the Panchayat (Extension to the Scheduled Areas) Act, 1996, what is the role/power of Gram Sabha?<br/>1. Gram Sabha has the power to prevent alienation of land in the Scheduled Areas.<br/>2. Gram Sabha has the ownership of minor forest produce.<br/>3. Recommendation of Gram Sabha is required for granting prospecting licence or mining lease for any mineral in the Scheduled Areas.<br/><br/>Which of the statements given above is/are correct?

  1. 1 only
  2. 1 and 2 only
  3. 2 and 3 only
  4. 1, 2 and 3

Answer

1 and 2 only

1. Correct. Under PESA, the Gram Sabha is empowered to prevent alienation of land in Scheduled Areas and to take appropriate action to restore unlawfully alienated land.

2. Correct. PESA specifically provides that the ownership of minor forest produce shall vest in the Gram Sabha.

3. Incorrect. For grant of prospecting licence or mining lease for minor minerals, the recommendation of the Gram Sabha or Panchayats at the appropriate level is required. The statement says for any mineral, which is too broad.

Therefore, statements 1 and 2 only are correct.

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