BJP leader and former Chief Minister Giridhar Gamangon Monday urged Governor Dr SC Jamir not to delete the words of ‘Gram Sabha’ as proposed in the Odisha Panchayat laws (Amendment) Bill 2016, which was recently passed in the State Assembly, as the deletion would affect the legal rights of Gram Sabha in the Fifth Schedule Area of the State.
In a letter to the Governor, Gamang mentioned that Gram Sabha bears importance as per the Panchayats (Extension to the Schedule Areas) (PESA) Act 1996.
“This amending provision (deletion of words, Gram Sabha) dilutes the constitutional and legal rights of Grarna Sabha provided in the provisions of the Panchayats (Extension to the Scheduled Areas (PESA) Act 1996 and the Scheduled Tribes and Other Traditional Forests Dwellers (Recognition Forest Rights) Act 2006,” he observed.
“State shall not make any law which would be inconsistent with “a village shall ordinarily consist of a habitation or a group of habitations or a hamlet or a group of hamlets comprising a community and managing its affairs in accordance with traditions and customs” and “Every village shall have a Gram Sabha consisting of persons whose names are included in the electoral rolls for the Panchayat at the village level,” Gamang mentioned citing provisions of the PESA Act.
He further mentioned that the words ‘Gram Sabha’ should not be diluted as the PESA Act provides that recommendations of the Gram Sabha or the Panchayats shall be made mandatory for grant of prospecting licence or mining lease for minor minerals in the Scheduled Areas and for grant of concession for the exploitation of minor minerals by auction.
Besides, Gamang urged Jamir not to delete the words ‘by Collector by order’ for ‘the State Government by notification’ as reservation aspects are monitored by the Collector as per various Acts.
He requested the Governor to get the proposed changes examined by competent authorities regarding their applicability in the Fifth Scheduled Area of Odisha and protect the interests of people belonging to the Scheduled Tribe category.