MAHARASHTRA VILLAGE PANCHAYATS EXTENSION TO SCHEDULED AREAS (PESA) RULES, 2014

PREAMBLE

Whereas, the Parliament has by enacting the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (Act No. 40 of 1996) extended the provisions of the Part IX of the Constitution of India, as inserted by the Constitution (Seventy-third Amendment) Act;

And whereas, in consonance with the said Central Act, the Maharashtra State Legislature has amended the Maharashtra Village Panchayats Act (III of 1959) by enacting the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samities (Amendment) Act, 2003 (Mah. XXVII of 2003) and other amending Act, enacted from time to time has inserted therein Chapter III-A providing the special provisions for Gram Sabha and Panchayat in the Scheduled Areas;

And whereas, the Maharashtra Village Panchayats Act, after its said amendments empowers the Gram Sabhas and Panchayats in the Scheduled Areas to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources and customary modes of dispute resolution and ownership of minor forest produce, etc;

And whereas, the implementation of the Bombay Village Panchayats and the Maharashtra Zilla Parishads and Panchayat Samities (Amendment) Act, 2003, which promotes self-governance, giving a central role to the Gram Sabhas, is vital to safeguard the interests of the people living in the Scheduled Areas; and for that purpose to make rules to ensure the effective implementations thereof .

Now, therefore, in exercise of the powers conferred by clause (xlvii) of sub-section (2) of section 176 read with sections 54A, 54B, 54C, 54D of Chapter III-A, clause (fa) of sub-section (2) of section 57, sub-section (2) of section 58 and section 153B of the Maharashtra Village Panchayats Act (III of 1959) and of all other powers enabling it in this behalf, the Government of Maharashtra hereby makes the following rules, the same having been previously published as required by sub-section (4) of section 176 of the said Act, namely :-

CHAPTER I :

PRELIMINARY

Rule - 1. Short title and extent.--

(1)     These rules may be called the Maharashtra Village Panchayats Extension to Scheduled Areas (PESA) Rules, 2014.

(2)     They shall extend to all the Scheduled Areas in the State where the Act is in force.

Rule - 2. Definitions.--

 

(1)     In these rules, unless the context otherwise requires,--

 

(a)      "Act" means the Maharashtra Village Panchayats Act 1958 (III of 1959);

(b)      "Form" means form appended to the rules;

(c)      "Government" means the Government of Maharashtra;

(d)      " Gram Sabha " means a village assembly in the Scheduled Area, comprising all persons whose names are included in the electoral rolls for the Panchayat at the village level;

(e)      " Secretary " means a secretary of Panchayat appointed or deemed to be appointed under section-60 of the Maharashtra Village Panchayat Act.

(f)       "State" means the State of Maharashtra.

(2)     Words and expressions used but not defined in these rules shall have the meanings respectively assigned to them in The Maharashtra Land Improvement Schemes Act (XXVIII of 1942); The Bombay Money-lenders Act 1947 (Bombay XXXI of 1947); The Maharashtra Prohibition Act (XXV of 1949); The Maharashtra Police Act (XXII of 1951); the Maharashtra Village Panchayats Act (III of 1959); The Maharashtra Fisheries Act, 1961 (Mah. I of 1961); The Maharashtra Industrial Development Act, 1961 (Mah. III of 1962); The Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961 (Mah. V of 1962); the Maharashtra Land Revenue Code, 1966 (Mah. XLI of 1966); The Maharashtra Forest Produce (Regulation of Trade) Act, 1969 (Mah. LVII of 1969); The Maharashtra Housing and Area Development Act, 1976 (Mah. XXVIII of 1977); The Maharashtra Irrigation Act, 1976 (Mah. XXXVIII of 1976); The Maharashtra Forest Development (Tax on Sale of Forest-produce by Government or Forest Development Corporation) (Continuance) Act, 1983 (Mah. XXII of 1983). The Maharashtra Transfer of Ownership of Minor Forest Produce in the Scheduled Areas, and the Maharashtra Minor Forest Produce (Regulation of Trade) (Amendment) Act. 1997 (Mah. XLV of 1997); The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (No. 2 of 2007) Biological Diversity Act, 2002 (No. 18 of 2003).