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CS Professional · CSR and Social Governance · Local Self Governance

A tribal-majority hamlet in a Fifth Schedule district of Jharkhand wants to know which law extends Part IX Panchayat provisions to Scheduled Areas with modifications. The Gram Sabha secretary cites the correct enactment. Which one is it?

The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, known as PESA, extends Part IX Panchayat provisions to Fifth Schedule Scheduled Areas with modifications, because Part IX does not apply to these areas automatically. Other forest or tribal statutes serve different purposes.

  1. AProvisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996Correct
  2. BForest Rights Act, 2006 alone
  3. CScheduled Tribes and Other Traditional Forest Dwellers Act, 1989
  4. DPanchayat (Extension) Act, 2005

Explanation

Part IX of the Constitution does not apply to Fifth Schedule Scheduled Areas automatically. Parliament extended it with modifications through the PESA Act, 1996. The Forest Rights Act deals with forest rights, not the extension of Panchayat provisions.

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