Consider the following Statements regarding the PESA Act, 1996: It aims to provide 'Swaraj' for the tribal population. The reservation for Scheduled tribes shall not be less than 2/3rd of the total number of seats. Gram Sabha is empowered to approve plans/projects for socio-economic development before being implemented. The recommendation of Gram Sabha is mandatory for grant of mining lease of minor minerals and to regulate sale of intoxicants. Which of the following statements is/are True?

Option 3 : 1,3 and 4 only

The correct answer is option 3) i.e. 1,3 and 4 only

The "Provisions of the Panchayats (Extension to Scheduled Areas) Act, 1996" or PESA is a law enacted by the Government of India for ensuring self-governance/swaraj through traditional Gram Sabhas for people living in the 5th Schedule Areas. 

OBJECTIVES:

• To provide Self Rule for the bulk of the tribal population.
• To promote participatory democracy and make Gram Sabha the centre of Village Polity.
• To amalgamate the administrative framework with customs and traditions of tribal communities

FEATURES:

• Legislation on Panchayats in Scheduled areas shall be in tandem with the customary law, social and religious practices, and traditional management practices of community resources.
• Every Village i.e. 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,  shall have a separate Gram Sabha.
• Every Gram Sabha is empowered to safeguard and preserve the traditions and customs of people, their cultural identity, and community resources.
• The Gram Sabhas is empowered to approve all socio-economic development works in the village, identify beneficiaries, and has powers to control institutions and functionaries in all social sectors.
• The reservation of seats in Scheduled Areas shall be in proportion to the population of Various communities. But, the Scheduled Tribe reservation shall not be less than one-half of the total number of seats. All the seats for Chairpersons are reserved for Scheduled Tribes.
• The state can nominate STs which have no representation in Panchayat but shall not exceed one-tenth seats.
• Gram Sabhas or Panchayats at the appropriate level also have the power of mandatory consultation in matters of land acquisition, resettlement and rehabilitation and prospecting licenses/mining leases for minor minerals, regulate and restrict sale/consumption of liquor, manage village markets, control money lending to STs, and ownership of minor forest produce.
• The state legislations must contain safeguards to ensure that Panchayats at higher levels do not usurp the authority of lower Panchayats.