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With reference to the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA), consider the following statements:
1. Only persons belonging to a tribal community can contest for posts of Chairpersons of Panchayati Raj Institutions in the areas covered under PESA.
2. The main objective of the PESA Act is to extend the provisions of Part IX of the Constitution of India to areas of the Sixth Schedule of the Constitution.
3. Under PESA Act the recommendation of Gram Sabha is mandatory for granting mining lease for minor minerals in the Scheduled Areas.
Which of the statements given above is/are correct?
1 and 2 only
2 and 3 only
3 only
1 and 3 only
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) extends the provisions of part IX of the constitution relating to the Panchayats to the Fifth Schedule areas. The sixth schedule contains provisions related to the Administration of Tribal Areas. Hence, statement 2 is not correct. x At present (2019), ten states have Fifth Schedule Areas. These are: Andhra Pradesh, Telangana, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha and Rajasthan. x The reservation of seats in the Scheduled Areas in every Panchayat shall be in proportion to the population of the communities for whom reservation is sought to be given under Part IX of the Constitution. However, the reservation for the Scheduled Tribes shall not be less than one-half of the total number of seats. Further, all posts of Chairpersons of PRIs in the areas covered under PESA are reserved for tribal communities and only persons belonging to tribal communities can contest for these Posts. Hence, statement 1 is correct. x As per PESA, every village shall have a Gram Sabha consisting of persons whose names are included in the rolls for the Panchayat at the village level. PESA Act provides that the Gram Sabha shall be consulted before making the acquisition of land for development projects. PESA empowers Gram Sabha to prevent alienation of land in the Scheduled Areas and take appropriate action to restore unlawfully alienated land of a Scheduled Tribe. x Under PESA Act, it is mandatory to have the recommendation of Gram Sabha and Panchayats at the appropriate level prior to the grant of a prospecting license or mining lease for minor minerals and for the grant of concession for the exploitation of minor minerals by auction in the Scheduled Areas. Hence, statement 3 is correct.
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