Pesa Village List Maharashtra GR And PDF

A number of important initiatives were taken during 2016-17 by my State Government to ensure that mandate of PESA is taken forward. There are 2835 Gram Panchayats in Scheduled Areas of the State. A proposal was made to Ministry of Panchayati Raj, Government of India seeking financial assistance for appointing Mobilisers in Gram Panchayats in Scheduled Areas.

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Central Government has given approval to this proposal. Under the scheme, Self Help Groups of women are being appointed as Mobilisers in PESA Gram Subhas. The guidelines for these appointments have been issued. The Self Help Groups of women will be selected as Mobilisers by the Gram Subhas and each group will be given € 2500 per month as remuneration. ( Pesa Village List Maharashtra )

The Tribal Cell in my office is in regular touch with field functionaries to expedite the process of declaration of PESA villages. I am hopeful that the task of declaration of hamlet level villages and defining of the boundaries shall be of great help to people in those villages in utilizing the resources.

The monitoring mechanism for implementing PESA includes PESA Coordinators at District and Block levels. They serve as important links between the village panchayats / gram sabkhas and them State Government. In the period under report 59 Taluka coordinators and 12 District coordinators have been appointed for PESA.

They are being funded by the Central Government under the Rastriya Gram Swaraj Abhinav (RGSA). Trainings for these mobilisers were conducted through State Level Administrative Institute at Pune in Maharashtra. A State PESA Unit has also been created in Rural Development and Panchayati Raj Department at the State Level, for monitoring implementation of PESA Act and Rules in the State.

In the period under report 4 th meeting of the TAC was held on 6th April, 2016. I had forwarded a list of issues, to be put up for the deliberation in the Tribes Advisory Council (TAC) meeting, as per the provisions of clause 4 (2) of the Fifth Schedule of the Constitution of India. I have requested the TAC to deliberate on the following issues and accordingly inform me about the decisions taken and advise tendered by the TAC regarding these issues:

• i. To deliberate on the issue of bringing all relevant state legislations in line with PESA and ensuring implementation of PESA on the ground.
• ii. In view of the complaints and allegations about bogus caste certificates, which is depriving genuine STs of their Constitutional rights, the TAC may discuss the various steps that need to be taken in this regard.
• iii. To review the extent of vacancies that exist in various posts in the Scheduled Areas and propose steps for ensuring that large scale vacancies do not arise in Scheduled Areas,
• iv. To recommend appropriate steps to ensure that land of Scheduled Tribes is not alienated illegally and also suggest suitable ways to bring land alienation laws in line with Section 4 (m) (iii) of PESA.
• v. To deliberate on ways to bring effective implementation of FRA on the ground and to ensure that all villages to which FRA is applicable get their due rights.
• vi. To examine and recommend the various interventions required for the welfare of the Particularly Vulnerable Tribal Groups (PVTGs)- Kolam, Kat Karis and Media Gonds.
• vii. Through Central and State legislations a number of responsibilities and rights such as Minor Forest Produce, Minor Water Body, Village Markets, prevention of land alienation, social sector projects, etc. have been given to Gram Subhas in Scheduled Areas. These functions need a strong support system of powers and responsibilities, and sufficient funds and workforce. Therefore, TAC may examine the need for devolving the subjects laid out in the Eleventh Schedule of the Constitution, to Panchayati Raj Institutions in Scheduled Areas.
• viii. The population of STs in Maharashtra is 9.35% of the State population as per Census figures. However, the general reservation in education and public service for STs is only 7%. The TAC may examine this fact and recommend suitable steps to ensure that there is adequate representation for STs.
• ix. There is a lack of telephone and mobile connectivity in many remote tribal areas. The TAC may examine ways to ensure coverage of all tribal hamlets with mobile connectivity in a fixed time period, including ways to ensure sufficient funding for the same.

The TAC deliberated on those issues. The decisions taken in the meeting have been communicated to me by the Government. ( Pesa Village List Maharashtra )

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3. Notification under sub para (1) of para 5 of the Fifth Scheduled of Constitution of India. In the period under report I have issued following notification: Pesa Village List Maharashtra

• i) Notification dated 9th August, 2016 and 23rd November 2016: By the said notifications, I have directed that three cadre posts of Tribal Development Departments, viz. Cook, Laboratory Attendant and Kamathis, and the post of Police Patil in Home Department, have to be filled in by local Scheduled Tribe candidates only.
• ii) Notification dated 13th April 2016: By the Notification dated 30th October 2014, issued by7 me under sub para (1) of para 5 of the Fifth Schedule of Constitution of India, I had modified the Maharashtra Village Panchayats Act (III of 1959) and a new clause (o) had been inserted in section 54 (B) of the said Act, providing that not less than 5% of the total Tribal Sub-Plan funds shall be devolved to the Gram Panchayats in Scheduled Areas in proportion to their population. However, the Tribal development Department, Government of Maharashtra had requested for a modification of the said notification so as to ensure that, the formula for devolution shall be as per proportion of Scheduled Tribe Population in the Gram Panchayat. Accordingly, by notification dated 13th April 2016, I have made an amendment to the said notification. The Tribal Development Deppartment, Government of Maharashtra has reported that, for the year 2016-17, a fund of € 214 crore has been released directly to 5873 villages in Scheduled Areas.. This will strengthen the financial resources of the Gram Sabha.
• iii) Notification dated 27th February 2017: I would also like to inform that, as per the budget classification done by Central Government, the Government of Maharashtra has also taken a decision to re-classify the Plan Expenditure and non-Plan Expenditure from Financial Year 2017-18. Accordingly, the State government has decided to call Tribal Sub Plan as “ Tribal Component Schemes”. It was felt to change the nomenclature in the earlier notifications issued for Tribal Sub Plan under sub para (1) of para 5 of the Fifity Schedule of Constitution of India. Accordingly, I have issued notification on 27 th February 2017 mentioning the change in the nomenclature.
• iv) Notification dated 14th Junr 2016: Various steps are required to be taken to ensure that, in Scheduled Areas, tribal land alienation does not take place due to economic duress, fraud of forgery. The section 4 (m) (iii) of PESA provides that the State Legislature shall ensure that the Panchyats at
•  the appropriate level and the gram sabha are endowed with the power to prevent alienation of land in Scheduled Areas and to take appropriate action to restore any unlawfully alienated land of a Scheduled Tribes. In order to bring the State revenue laws in line with section 4 (m) (iii) of PESA, by notification dated 14th June 2016, issued under sub para (1) of para 5 of the Fifth Schedule of Constitution of India, I have modified section 36A of the Maharashtra Land Revenue Code – 1966, so as to require prior sanction of Gram Sabha for allowing transfer of occupancy from tribal person to non-tribal person by the District Collector.
• v) Notification dated 15 th October 2016: The ownership of Minor Forest Produce by Gram Sabha entails, interalia, the right of the Gram Sabha to collect, use and dispose of minor forest produce in the Scheduled Areas, and the use of income from sale proceeds. Any decision aboutaccess, use and disposal of MFP, and the use of income from sale proceeds, necessarily has to be done by the Gram Sabha or by a committee made solely of the members of the Gram Sabha. In order to do this, I have issued a notification on 15th October 2016 and modified 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.
• vi) Notification dated 5th November 2016: As fare as Scheduled Areas of Maharashtra are concerned, there is a need to provide sufficient supplementary food to ensure that the incidents of malnutrition are aliminated and children in Scheduled Areas are not subjected to stunting, ill-health and child mortality. Pregnant and lactating women in those areas also need to be given adequate nutition to address the root cause of child malnutrition. Through the “Bharatratna Dr. APJ Abdul Kalam Amrut Ahar Yojana – Phase I & II, the Maharashtra Government has provided for “one full meal” per day to pregnant and lactating women, and one egg 4 times a week to children aged seven months to six years, respectively, in tribal sub-plan areas. It was felt that, to ensure continuity in the implementation of the above shcmes, the same may be incorporated in the National Food Security Act, 2013 in its application to the Scheduled Areas of Maharashtra. As the section 32 of the National Food Security Act, 2013 permits the State Government from continuing or formulating other food based welfare schemes with benefits higher than the benefits provided under the Act, from its own resources, accordingly, I have issued a notification on 5th Novermber 2016, direting the State government to make provision for hot cooked meal to pregnant and lactating mothers and eggs to anganwadi children aged about 7 months and upto 6 years in Scheduled Areas.
• vii)Notification dated 23rd February 2017: A number of demands from villages in Scheduled Areas were about building godowns, purchasing centers, Haats and cold storages in Tribal Areas for the purposes of value adding and storage of Minor Forest Produce and the like. Also a large number of demands have originated regarding the provision of burial grounds / cremation grounds in the forested regions of the Scheduled Areas. Though, sub-section (2) of section 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006 provides for diversions of forest land for 13 facilities managed by the Government, it does not provide for godowns, warehouses, cold storages, Haats and burial or cremation ground. Considering the need of the Scheduled Area villages in this context, I have issued a notification on 23rd February 2017, and modified section 3 of the FRA – 2006 by adding godowns, warehouses, cold storages, Haats (Markets) to be operated by the Government of Maharashtra or its subsidiaries and cremation or burial grounds, in the list under sub-section (2) of section 3 or FRA-2006, in its application to the State of Maharashtra.

4. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ( Pesa Village List Maharashtra)

The implementation of FRA, 2006 has been an important agenda for the State Government as well as for my office as far as Scheduled Tribes are concerned. My office takes regular review of the implementation of FRA with a special focus on Community Forest Rights (CFRs). ( Pesa Village List Maharashtra )

In the implementation of Forest Rights Act 2006 Community Forest Rights were accorded over an area of 10 lakh Hectares in Maharashtra. In order to promote forest regeneration in such lands, I gave an appeal to the districts administration to take up tree plantation programmes with the participation of people.

Pesa Act In Marathi

The districts administration were requested to take up activities of afforestation and regeneration in the forest lands, lying within the natural jurisdiction of Gram Sabhas, in a mission mode in at least 30 Gram Sabhas in each PESA block with the consent of Gram Sabhas. A special campaign was organized in this regard in the first week of July, 2017. About 20 lakh trees of various Minor Forest Produce, such as Bamboo, Behada, Awala, Hirda, Bell, Sitaphal, Chikoo, Mango, etc, have been plated in those lands during the plantation drive.

5. Minor Forest Produce (MFP) Pesa Village List Maharashtra

By the notification issued by me on 15th October 2016 under the powers enshrined in the Fifth Schedule to the Constitution of India, it was made mandatory that, decision about access, use and dispotal of MFP and the use of income from sale proceeds necessarily has to be taken by theGram Sabha or by a committee made solely of the membebers of the Gram Sabha. This has made the Gram Sabhas self confident and self sufficient.

The year under report has been particularly good as far as access to MFP is concerned. A large number of villages have auctioned high valud MFPs as well securing their rights guaranteed under FRA and PESA. Incomes ranging from €10 lakh to well over € 50 lakh have been obtained by many such Gram Sabhas. This has increased the per capita income of tribal people.

Gram Panchayat Pesa Act

My office has given instructions to the districts administration to ensure that in accessing MFPs no obstructions shall arise to the Gram Sabhas in the access, use, disposal of MFP and sharing or revenue from MFPs. A one time financial assistance as a Seed Capital to the Gram Sabhas under Human Development Mission is also being provided for accessing and regenerating the Minor Forest

Produce. I have also given instructions to ensure that the Minimum Support Price (MSP) mechanism for the 10 MFPs identified by the Union Government is implemented properly. Pesa Village List Maharashtra

6. Malnutrition Pesa Village List Maharashtra

It was felf that the nutritional needs of the people living in Scheduled Areas and enhancement of net farm income of these people can be addressed in a better manner if back yard poultry and other animal husbandry activities are taken up in a comprehensive manner. I had taken meeting of all the concerned departments. The Animal Husbandry Department was asked to promote poultry as an ancillary activity in the Scheduled Areas.

Swayam Project for promoting backyard poultry : Finding a local and sustainable solution to end rural mmalnutrition through production and supply of eggs as a supplementary diet to children in tribal / scheduled area of state, the Animal Husbandry Department has then come up with a project called “SWAYAM”. The salient features of this project are as follows :

• i. The project is to be implemented jointly by Tribal Development Depaprtment, Women & Child Development Department, Animal Husbandry Department and Rural Development Department (Maharashtra State Rural Livelihood Mission (UMED) / District Rural Development Agency)
• ii. 104 projects under Intergrated Child Development Scheme in 16 tribal districts will be covered in this project.
• iii. This project will be implemented by involving women self-heop group in back yard poultry and Local Anganwadis.
• iv. Anganwadi Centres and tribal women SHG, need to enter into an agreement for smooth implementation of this project, Role of MSRLM would be to identify and train community resource person / master trainer / lady link worker enabling them to guide / build capacities of SHGs regarding construction of shed, Management, nutrition and other services.

The State Government has given Administrative Approval to this project. There would be 43368 beneficiaries and the total project cost would be € 22.56 Crore.

7. Issuing a Tribal Sub-Plan Act: Pesa Village List Maharashtra

In my earkuer reoirts, I had noted that I have asked the Government to frame a legislation for a Tribal Sub-Plan Act. The matter is still under consideration of the State Government.

8. Mobile Connectivity in remote areas: Pesa Village List Maharashtra

I had raised the issue of complete absence of mobile connectivity in the remote tribal areas of Maharashtra. This is providing to be a major handicap in providing ambulance and other emergency medical services to the tribal population and particularly in ensuring institutional deliveries of women. Urgent steps are needed to improve mobile conncectivity in the Scheduled Areas of Maharashtra especially in the districts of Gadchiroli, Nandurbar, Amravati and Nanded.

9. Transfer of subjects in the Eleventh Schedule of the Constitution. Pesa Village List Maharashtra

In my last report I had informed that I propose to take meetings with various Departments to ensure that the subjects outlined in the Eleventh Schedule are transferred to the appropriate level of Panchayats in Scheduled Areas. On 13th, 14th and 15th July 2015, I had taken meetings with Ministers and Secretaries of Rural Development, Agriculture, Animal Husbandry, Pesa Village List Maharashtra Tribal Development, Social Justice, Higher & Technical Education, and Forest Departments.

I have instisted in the meetings that, the Departments need to transfer not only functions but funds and functionaries for the transfer process to be successful. While some of the subjects have been devolved to PRIs, I plan to follow up the remaining subjects and ensure that the subjects are transferred in line wiith the requirements of PESA.

10. MESA (Municipalities extension to Scheduled Areas) Pesa Village List Maharashtra

The part IX A of the Constitution which pertains to the municipalities, envisages in Article 243ZC, that nothing in this part shall apply to Scheduled Areas, unless the Parliament, by laws, extends the provisions of this Part to the Scheduled Areas, subject to such exceptions and modifications as specified in such law. As State governments might find it necessary to convert very large gram panchayats at block headquarters in Scheduled areas into Municipalities for the purposes of better governance, there is a need to enact a law for Municipalities Extension to the Scheduled Areas (MESA).

11. Conclusion.

In the period under report, the progress in implementation of PESA and FRA has been significant with regard to empowering the Gram Sabhas in accessing, use, disposal of MFPs; financial devolution; and addressing malnutrition. The administrative / monitoring mechanism for implementing PESA is strengthened. In the period under report, 49th meeting of the TAC was held on 6th April 2016, Notifications using the powers of Fifth Schedule were issued on subjects related to various tribal welfare issues (Health, Land Rights etc.). The year under report has seen several important interventions in Scheduled Areas in Maharashtra. ( Pesa Village List Maharashtra )

THE SCHEDULED AREAS AND SCHEDULED TRIBES (STs) IN THE STATE OF MAHARASHTRA / Pesa Village List Maharashtra

1. In pursuance of the provision of sub-paragraph (1) of section (6) of the Fifth Schedule to the Constitution of India, the President of India declared certain areas in the State of Maharashtra as Scheduled Areas, vide (1) the Scheduled Areas (Part -A States) Order, 1950 and (2) The Scheduled Areas (Part B States) Order, 1950. Subsequently the Government of India, Ministry of Law and Justice (Legislative Department) vide its Notification No.GSR-876, dated 2nd December 1985 notified the modified Scheduled Areas in the State of Maharashtra. The previously notified Scheduled Areas have by this notification been merged into the modified Scheduled Areas.

2. The Scheduled Areas of the State of Maharashtra are spread over 13 districts covering 50 tahsils . These comprise of 5809 villages and 16 towns covering an area of about 46531 sq. kms.

3. According to the 2011 Census, the total Tribal population of Maharashtra State is 105.10 lakh. Maharashtra State ranks second in the country in relation to the total Tribal population, next to Madhya Pradesh.

4. Coverage of the Scheduled Areas with the Total and Tribal Population as per the 2011 Census