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NAC's PROPOSED AMENDMENTS on PESA (panchayat extension to scheduled areas) meet on 21 Dec

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  • Vinay Baindur
    *NACs recommendations attached as pdf* * * http://nac.nic.in/pdf/pesa_31dec.pdf ========================================================= url for press release
    Message 1 of 1 , Jan 11, 2013
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    NACs recommendations attached as pdf


    url for press release 

    Government of India
    National Advisory Council
    December, 2012
    1. The Twenty-sixth meeting of the National Advisory Council was chaired by 
    Smt. Sonia Gandhi on 21
    December, 2012 at 2 Motilal Nehru Place, New 
    2. Members who attended the meeting were Ms Anu Aga, Dr. Narendra Jadhav, 
    Dr. Mihir Shah,  Prof. Pramod Tandon,  Dr N C Saxena, Shri Ashis Mondal, Ms 
    Mirai Chatterjee, Ms Farah Naqvi, Shri Deep Joshi and Dr A.K. Shiva Kumar.

    3. In its meeting in March 2012, the NAC had deliberated on social security for 
    unorganized workers to make the Unorganized Workers’ Social Security Act, 
    2008 as inclusive as possible with a comprehensive social security package to be 
    provided through single window backed by a common ICT architecture. The 
    recommendations of the NAC were communicated to the Government in April, 
    2012. Shri D.K. Mittal, Secretary, Department of Financial Services, and Dr M. 
    Sarangi, Secretary, Ministry of Labour & Employment, appraised the Council, 
    the salient features, coverage planned, implementation plan and time lines for 
    implementation of the Comprehensive Social Security Insurance Scheme
    (CSSIS) evolved by Government of India, based on the recommendations of the 
    NAC, to be rolled out by  Government of India in 2013-14, after holding 
    consultations with the States. 

    4. The  Comprehensive Social Security Insurance Scheme (CSSIS) envisages 
    covering life, disability, Girl Child education (class IX-XII);  co-contributory 
    pension on optional basis (@Rs 500 and Rs 1000/family each per year) on 
    tripartite basis (GOI, State and Beneficiary); and health insurance under 
    Rashtriya Swasthya Bima Yojana (RSBY). The implementation to be entrusted 
    to dedicated vertical in Life Insurance Corporation (LIC).

    5. Shri Deep Joshi, Member, NAC and Convener of the NAC Working Group on 
    Panchayat (Extension to Scheduled Areas) Act 1996(PESA) presented the draft 
    recommendations of the Working Group to the Council. The NAC deliberated 
    and approved the Working Group proposals on Panchayat Extension to 
    Scheduled Areas Act (PESA) 1996. The proposal comprises of two main parts –
    Amendments to the Act and directions under Proviso 3 of the Constitution along 
    with some recommendations to Government of India.
    a. Amendments to PESA 1996: The proposal seeks to amend and elaborate 
    on the law with a view to strengthen it and rectify some of the 
    weaknesses in the existing law which include:2
    i. enlarged list under definitions of terms used in the Act for further 
    ii. elaboration of Gram Sabha and its geographical jurisdiction;
    iii. enabling the Gram Sabha to constitute various committees for 
    various  purposes;
    iv. elaboration of the role of Gram Sabha in planning for 
    development and conduct of social audit;
    v. prior informed consent for land acquisition and licensing for 
    minor minerals and its procedure;
    vi. reinforcing the need to align Central and State laws  in 
    conformity with PESA
    vii. enabling the State  government to  make rules; 
    viii. enabling the Centre to issue directions and
    ix. adding a provision of grievance redress for violation of the Act.
    b. Directions: Certain directions on major issues have been proposed to be 
    issued under Proviso 3 of the Fifth Schedule in the interim .These need 
    not await amendment to the Act and can be issued immediately for better 
    implementation of the existing law. These pertain to the following areas:
    i. Aligning laws in conformity with PESA to ensure autonomy of 
    Gram Sabha and Panchayats in Scheduled Areas.
    ii. Identification and declaration of ‘Village’ to conduct gramsabhas 
    under the law
    iii. Powers of Gram Sabha to identify beneficiaries, approve plans, 
    programmes and projects, control over institutions and 
    functionaries and issue of utilization certificate. 
    iv. Prevention of Land Alienation and Restoration of Illegally 
    Alienated Lands.
    v. Control over Usurious Money Lending in the Scheduled Areas. 
    c. In addition, a few recommendations for  Government of India are also 
    provided regarding:
    i. Inclusion of tribal habitations hitherto not included under the 
    Fifth Schedule. 
    ii. Central Govt.  to expedite law on Provisions of the Municipalities 
    (Extension to Scheduled Areas) Bill   
    iii. Constitution of Special Task Force to review functioning of VIth 
    Schedule Areas and to suggest appropriate administrative 
    arrangements for Vth schedule areas.  
    6. The next meeting of the NAC is scheduled to be held on  29th January, 2013.


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