Section 8 in Andhra Pradesh Panchayats Extension to Scheduled Areas (PESA) Rules, 2011
8. Powers and functions of Gram Panchayats and Mandal Parishads.
- (I) Excise:(a)The Department concerned shall inform its intention to establish a unit for manufacturing liquor in a village to the Gram Sabha concerned for its opinion on the production or manufacture of liquor in the said village. Gram Sabha will convey its opinion in the form of a resolution within four weeks. Based on the resolution of the Gram Sabha the department concerned shall act upon about the production / manufacture of liquor in the village under intimation to Gram Sabha concerned.(b)The Gram Sabha shall be consulted before the grant of any license to open liquor shop in the village. Gram Sabha will convey its opinion in the form of resolution within four weeks. The license shall be granted to local scheduled tribe only.(c)The Department concerned shall issue a speaking order for granting or not granting any license to open liquor shop/bar in the village under intimation to the Gram Sabha concerned. The Gram Sabha resolution shall be binding and final.(d)The Gram Sabha shall determine the quantity of traditional liquor that may be brewed/produced by the Scheduled Tribes living in a village for their consumption but not for sale having regard to the traditions, customs relating to consumption of local liquor during marriage and other social and religious ceremonies and their cultural identity.(II)Ownership and disposal of minor forest produce(a)Ownership and mode of disposal of minor forest produce shall vest with the individual members of Gram Sabha subject to monopoly rights of GCC by Trade Regulation 1979 issued in G.O.Ms.No.20, SW(F2) Dept., dated 14.2.1983 for procurement of MFP except Bamboo and Beedi leaf. In respect of Bamboo and Beedi leaf, management, harvesting and disposal shall be done by the forest Department who shall undertake harvesting duly following scientific silvicultural practices as prescribed in the working plans/management plans for the respective divisions. Forest Department shall pass on the net revenue from such disposal of the Bamboo and Beedi leaf harvesting from the area allotted to the Gram Sabha, to the respective Gram Sabha who may in turn pass it on to individual members of Gram Sabha.(b)Any individual collector of minor forest produce in the habitation, in case of dispute over jurisdiction relating to ownership, access to collection, use and disposal of such produce traditionally collected by him / her shall inform the Gram Sabha for settlement.(c)After verification of such claims on the right of ownership of minor forest produce of individual collector, the Gram Sabha shall pass a resolution setting such dispute.(d)The Gram Sabha shall maintain a register containing the names of each collector of minor forest produce in the habitation.(e)The Project Officer of Integrated Tribal Development Authorities (ITDA) concerned shall review compliance to these rules.(f)The Project Officer, ITDA shall be made the Chairman of the committee constituted for the management of Bamboo and Tendu products in the respective jurisdiction."(III)Prevention of alienation of lands in the scheduled areas and restoration of alienated lands of scheduled tribe(1)The Gram Sabha shall(a)Prepare a list of landholders containing the details of extent of land held and names of the Pattadars along with enjoyers.(b)Verify the veracity of social status claims of all the Pattadars as to whether Pattadar is a genuine scheduled tribe.(c)Verify as to whether the lands are purchased in the name of a tribal woman and enjoyed by a non-tribal.(d)Visit the field if desired and physically verify as to whether the lands are cultivated by the tribal or by the non-tribal taken on lease, mortgage, etc.; and(e)Approve the list of beneficiaries for assignment of Government lands.(f)In all cases mentioned at (a) - (e) above, if Grama Sabha, after thorough investigation is satisfied that certain occupations are in violation of the Andhra Pradesh Land Transfer Regulation, 1959 as amended from time to time, Grama Sabha shall pass a resolution mentioning the details of violation. Competent authority under the Andhra Pradesh Land Transfer Regulation 1959 as amended from time to time shall initiate consequential action.(2)If there are conflicting claims in respect of the possession of lands, the Gram Sabha shall convene a meeting and call for evidence in support of such claims from the concerned to pass appropriate resolutions and request to the competent authority under the Andhra Pradesh Scheduled Areas Land Transfer Regulation, 1959 to initiate consequential action.(3)The Gram Sabha shall also convene a meeting on receipt of any complaint on alienation of land in favour of a non-tribal or suomotu pass appropriate resolution and shall forward the same to the competent authority to take necessary action to restore the land to the scheduled tribe transferor.(4)Any person aggrieved by the resolution of Gram Sabha may within a period of sixty days from the date of resolution, file a petition to the competent authority under the A.P. Scheduled Areas Land Transfer Regulation, 1959.(5)The competent authority under the A.P. Scheduled Areas Land Transfer Regulation, 1959 may either allow or reject or refer the petition to the Gram Sabha concerned for reconsideration.(6)After receipt of such reference, the Gram Sabha shall meet within a period of thirty days, hear the petition, pass resolution on that reference and forward the same to the competent authority under the A.P. Scheduled Areas Land Transfer Regulation, 1959.(7)The competent authority under the A.P. Scheduled Areas Land Transfer Regulation, 1959 shall consider the resolution of Gram Sabha and pass appropriate order, either accepting or rejecting the petition.(8)The competent authority under the A.P. Schedule Areas Land Transfer Regulation, 1959 shall invariably implead the Gram Sabha concerned for their considered opinion in every case of land alienation involved tribal and non-tribal. The Gram Sabha concerned shall be impleaded and the opinion of the Gram Sabha shall be duly examined.(9)The competent authority under the A.P. Scheduled Areas Land Transfer Regulation, 1959 shall furnish the copies of judgments to the Gram Sabhas concerned in every case.(10)While restoring possession of land to tribal, the competent authority shall obtain the signature of a member of Gram Sabha to that extent.(IV)Management of Village Markets/Shandies/Santhas/Angadis or by whatever name called(1)The Gram Panchayat concerned shall be the Market Committee to manage village markets (by whatever name called) in Scheduled Areas.(2)The Gram Panchayats of the villages situated in Scheduled Areas where weekly markets (by whatever name called) shall discharge the following functions as market committees in Scheduled Areas.(a)Licenses should be given only to local Scheduled Tribes.(b)maintain and manage the market yards;(c)regulate the opening, closing and suspending of transactions in a market yard;(d)Supervise the conduct of market functionaries;(e)enforce the conditions of license;(f)regulate the making, execution and enforcement or cancellation of agreements of sales, the weighment, delivery, payment and all other matters relating to the marketing of agricultural produce, NTFP Produce, live stock or products of live stock and all matters ancillary thereto.Disposal of minor forest produce include local level processing value addition, transportation in forest area through head load, bicycle and hand carts for use of such produce for sale by the gatherers or the communities for livelihood.(g)Provide necessary facilities for the marketing of agricultural produce, NTFP Produce, live stock or products of live stock in the market area;(h)provide for the settlement of all disputes between the seller and the buyer and others arising out of any kind of transaction connected with the marketing of a notified agricultural produce, NTFP Produce, live stock or products of live stock and other products and all matters ancillary thereto;(i)Collect, maintain and disseminate information in respect of :-(i)sale prices and movement of notified agricultural produce, live stock or products of live stock; and any other product and(ii)production, processing and storage of notified commodities;(j)Take all possible steps to prevent adulteration and to promote grading standardization.(k)levy, recover and receive fees, subscriptions and other sums of money to which the Panchayat is entitled;(l)Employ necessary number of officers and servants for efficient implementation of for above rules in Scheduled Areas.(m)Conduct the auction of notified agricultural produce, live stock or products of live stock above rules in accordance with the rules.(n)Ensure correct weighment of notified commodities;(o)Regulate the entry of persons and the vehicular traffic into the market yard;(p)Prosecute persons violating the rules as per the rules of the concerned Department.(q)Institute or defend any suit, action, proceeding, application or arbitration and compromise such suit, action, proceeding, application or arbitration; and(r)Provide facilities, such as provision of adequate space for direct sales by a producer and assist a producer by preparing invoices and bills on his behalf when he sell his produce to a trader without employing a commission agent.(s)Implement the directions given by the Government from time to time in the establishment and development of markets.(V)Exercising control over money lending to the Scheduled Tribes.-No Money Lending License shall be granted to Private Money Lending Agencies in Scheduled Areas.(i)Education(VI)Exercising control over institutions and functionaries in all social sectors(a)The Mandal Parishad shall be the authority to call for the administratsive reports of all the Educational Institutions through the respective Gram Panchayat.(b)The Mandal Parishad shall approve the budget for all the Educational Institutions in its jurisdiction by 31st May i.e before commencement of the academic year.(c)The Mandal Parishad shall monitor attendance and regularity of all the teachers working in all the Educational Institutions in its jurisdiction and shall report to the competent authority for disciplinary action whenever they are found to be absent or indulging in irregular practices. The competent authority shall take action under intimation to the Mandal Parishad or Gram Panchayat, as the case may be.(ii)Management of Welfare Hostels(a)The Mandal Parishad shall monitor the matters pertaining to diet, repairs and over all day to day management of the welfare hostels in its jurisdiction.(b)The Mandal Parishad shall call for the administrative reports from all the hostel welfare officers in its jurisdiction twice in an academic year.(c)The Mandal Parishad shall be the recommendatory authority as far as admission of the students into the welfare hostels are concerned.(d)The Mandal Parishad shall recommend suitable action against the hostel welfare officers and the other staff whenever they are found to be absent or indulging in irregular practices to disciplinary authority concerned. The disciplinary authority concerned shall take action under intimation to the Mandal Parishad or Gram Panchayat, as the case may be.(iii)Health.-The Panchayat Raj Institution shall support, guide and review the hospitals where institute in their respective jurisdiction with Special focus on:(a)Review and monitor the National Health Programme under Rural Health mission and all other programmes.(b)Review the supply of medicines and its utilization.(c)Review and monitor the health extension activities in rural areas.(d)Review and monitor the steps taken to prevent outbreak of epidemics.(e)Review and monitor maintenance, up keep of surroundings and construction of Medical and Health Institutions.(f)Right from Village level to District level the Panchayat Raj Institutions will own the functioning of Primary Health Centers in their Jurisdiction ie. Gram Panchayat at Village level, Mandal Praja Parishad at Mandal level and Zilla Parishad at District level.(g)Panchayat Raj Institutions will take ownership of activities such as safe water, Hygiene and sanitation of the villages.(h)Whenever Panchayat Raj Institutions make suggestions for improvement, the Hospital authorities concerned will be responsible to send an Action taken report to the Panchayat Raj Institutions concerned. ANMs, Primary Health Centre Doctors and District Medical and health Officer at Gram Panchayat, Mandal and District level respectively will attend the general body meetings of Panchayat Raj Institutions concerned.(i)Whenever Primary Health Centre Medical Officer or ANM or District Medical and Health Officer make suggestions for improvement in Hygiene, sanitation and safe water or any matter pertaining to health, the Officers of Panchayat Raj Institutions concern will immediately respond and send an action taken report to the Medical officer or District Medical and Health Officer concerned.(j)The Mandal Parishad shall approve the budget of all Primary Health Centers and sub centers in its jurisdiction.(k)The Mandal Parishad shall call for the administrative reports of all Primary Health Centers and sub centers within a month from the commencement of the financial year.(iv)Women and Child Welfare(a)The Gram Sabha shall approve the budget for Anganwadi centers.(b)The Mandal Parishad shall call for the administrative reports from the Project Officer, ICDS in its jurisdiction within a month from the commencement of the financial year.(c)The Gram Panchayat shall be the appointing and disciplinary authority for all the Anganwadi workers i.e. helpers and workers.(V)Control over local plans and resources for such plans including tribal sub plans:(a)The State Government shall communicate district wise TSP allocations to the District Collectors and in turn the District Collector will communicate the Mandal-wise allocations to the Mandal Parishad both in physical and financial terms within a month from the commencement of the financial year.(b)The Mandal Parishad Development Officer shall communicate TSP allocations to the Gram Panchayats both in physical and financial terms within a month from the commencement of the financial year.(c)The Mandal Parishad and Gram Panchayat shall review the progress of implementation of TSP across all the Departments in their jurisdiction once in a month.(d)The Mandal Parishad and Gram Panchayat shall submit the administrative report on the implementation of TSP through the District Collector concerned.
