Primary law, Tamil Nadu land law
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996
Parliament enacted the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, Act No. 40 of 1996, dated 24 December 1996, to extend Part IX of the Constitution concerning Panchayats to Scheduled Areas, subject to specified exceptions and modifications. It gives Gram Sabhas and Panchayats important roles in land acquisition, community resources, minor minerals, minor forest produce and the prevention or reversal of unlawful alienation of Scheduled Tribe land.
What the Act governs
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 applies to Scheduled Areas referred to in clause (1) of article 244 of the Constitution. Parliament extended the constitutional framework for Panchayats to these areas while requiring State Panchayat laws to respect customary law, social and religious practices, and traditional management of community resources.
A village will ordinarily be a habitation, group of habitations, hamlet or group of hamlets forming a community that manages its affairs according to traditions and customs. Every village must have a Gram Sabha made up of people included in the electoral roll for the village level Panchayat.
Land and resource provisions
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 may affect buyers, owners, Scheduled Tribe landholders, mining operators and people affected by development projects in Scheduled Areas. Key requirements include:
- The Gram Sabha or the appropriate Panchayat must be consulted before land is acquired for development projects and before affected people are resettled or rehabilitated in Scheduled Areas.
- State legislation must give the Gram Sabha and appropriate Panchayats power to prevent alienation of land in Scheduled Areas and to take appropriate action to restore land unlawfully alienated from a Scheduled Tribe.
- Recommendations from the Gram Sabha or appropriate Panchayat must be obtained before a prospecting licence or mining lease for minor minerals is granted.
- Prior recommendation is mandatory before granting a concession to exploit minor minerals by auction.
- Appropriate Panchayats must receive responsibility for planning and managing minor water bodies.
- State legislation must specifically provide for ownership of minor forest produce and management of village markets.
Gram Sabha and Panchayat powers
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 authorises each Gram Sabha to preserve local traditions, customs, cultural identity, community resources and customary methods of dispute resolution. A Gram Sabha must approve social and economic development plans, programmes and projects before village level implementation, and identify or select beneficiaries under poverty alleviation and other programmes.
Village level Panchayats must obtain Gram Sabha certification for their use of funds on these activities. State laws must also prevent higher level Panchayats from taking over the authority of lower level Panchayats or Gram Sabhas.
Representation and existing Panchayats
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 requires Scheduled Tribe seat reservations to be at least half of all Panchayat seats in Scheduled Areas. All Panchayat chairperson seats at every level are reserved for Scheduled Tribes. Existing Panchayat laws and bodies were subject to the transitional arrangements stated in the Act.
This summary is generated from the source document to help you find what is relevant. The PDF above is authoritative. For advice on your own property, use LandLens One or speak to a qualified professional.
Common questions
Does a Gram Sabha have to approve a private land sale in a Scheduled Area?
The Act does not state that every private land sale requires Gram Sabha approval. It requires State legislation to give the Gram Sabha and appropriate Panchayats power to prevent land alienation and restore land unlawfully alienated from a Scheduled Tribe.
Must the Gram Sabha be involved when land is acquired for a development project?
Yes. The Gram Sabha or the Panchayat at the appropriate level must be consulted before land acquisition in a Scheduled Area and before affected people are resettled or rehabilitated there.
Can a minor mineral mining lease be granted without a local recommendation?
The recommendation of the Gram Sabha or appropriate Panchayat must be obtained before granting a prospecting licence or mining lease for minor minerals. Prior recommendation is also mandatory for a concession to exploit minor minerals by auction.
Who can participate in the Gram Sabha?
The Gram Sabha consists of people whose names appear in the electoral roll for the Panchayat at the village level.
