Section 54A in The Maharashtra Village Panchayats Act, 1959
54A. Powers and duties of Gram sabha in Scheduled Areas.
- It shall be competent for every Gram sabha in the Scheduled Areas,-(a)to safeguard and preserve the traditions and customs of the tribals, their cultural identity, community resources and the costomary mode of dispute resolutions;(b)to approve the plans, programmes and projects to be implemented by the Panchayat for social and economic development before such plans, programmes and projects are taken up for implemention by such panchayat-,(c)to issue to the panchayat certificate of utilisation of funds, spent by that panchayat for the plans, programmes and projects referred to in clause (b);(d)to decide priority for implementation of various development schemes of the State or as the case may be, of the Central Government and also to identify and select persons as beneficiaries under the various poverty alleviation and similar other programmes or schemes;(e)to enforce prohibition or regulate or restrict through panchayat concerned, the sale and consumption of intoxicants;(f)to issue directions to the panchayat with regard to the regulation, exploitation, management and trade of minor forest produce vested in it, subject to the provisions of 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;(g)to make recommendations through the panchayat concerned to the Collector with a view to prevent alienation of land in the Scheduled Areas and to restore unlawfully alienated land of a Scheduled Tribe. It shall be incumbent on the Collector and the concerned panchayat to initiate necessary appropriate action for prevention or as the case may be, restoration of the land in the Scheduled Area unlawfully alienated;(h)to be consulted through the panchayat concerned for grant of any licence for money lending under the Bombay Money Lenders Act, 1946 and to take annual review of the money lending business. Any decision taken by the majority of the Gram sabha concerned shall be binding on the concerned authorities and the panchayat at the appropriate level;(i)to make recommendation to the panchayat concerned with a view to exercise control over local plans and resources for such plans including tribal sub-plans;(j)to plan the minor water bodies and grant approval to the decision taken in this regard by the panchayat concerned.Explanation. - For the purposes of this clause "minor water bodies" means any water storage and irrigation storage including village tanks, percolation tanks, lift irrigation works upto 100 hectares;(k)to grant approval to the establishment of village market in the area of the village. Any decision taken by the majority of the Gram sabha for the establishment of a village market and for management thereof shall be binding on the panchayat;(l)to be consulted before acquiring any land in the Scheduled Areas falling within its jurisdiction, for development projects and resetting or rehabilitating any person affected by such projects in the Scheduled Areas;(m)to be consulted before grant of any licence or any permission for prospective licence for mining lease for minor minerals by concession for the exploitation of minor minerals by auction. Any decision taken by the majority of the Gram sabha concerned shall be binding on the concerned authorities and the panchayat at the appropriate level;(n)to monitor progress and supervise functioning of institutions and functionaries entrusted with implementation of social sector programmes in the village concerned and make suitable recommendations to the panchayat Samiti and Zilla Parishad with regard to implementation of social sector programmes. Any decision taken by the majority of the Gram sabha in this regard shall be binding on the panchayat at the appropriate level.Explanation. - For the purposes of this clause and clause (d) of section 54B, "social sector" means any scheme, programme, project or work entrusted to a Zilla Parishad under the provisions of sections 100, 102, 103 or 123 and to a panchayat Samiti under section 101 of the Maharashtra Zilla Parishads and Panchayat Samitis Act, 1961, so also to a panchayat under section 45 of this Act;(o)to make recommendations through the panchayat concerned to the concerned authorities for felling of trees. Any recommendation made by the majority of the Gram sabha shall be binding on the concerned authorities and the panchayat;(p)to approve the budget for the panchayat. Any decision in this regard by the majority of the Gram sabha shall be binding on the panchayat;(q)to be consulted through the panchayat by any competent Authority in respect of land, water resources, forests and all other natural resources situated within the jurisdiction of such panchayat.
