(a) whether Panchayats are being roped in to solve the problem of naxalism;
(b) if so, the details thereof;
(c) whether the Government is considering to give more power to panchayats to implement schemes in naxal affected areas in a time- bound manner in order to regain the faith of the people in governance; and
(d) if so, the details thereof?
MINISTER OF STATE IN THE MINISTRY OF HOME AFFAIRS (SHRI HARIBHAI PARATHIBHAI CHAUDHARY)
(a): Yes Madam. The Maoist insurgency is a complex problem with many dimensions. It is belief of the Government that Good governance and proper functi- oning of Pancahyati Raj Institutions (PRIs) are powerful measures to combat LWE problem in the country.
(b) to (d): Panchayats being the State Subject in the Constitution, the powers regulating the func- tioning of PRIs including framing of laws rests with the respective State Governments. The Mini- stry of Panchayati Raj continuously advocates and persuades State Governments to devolve powers to Panchayats as devolution of powers, responsibili- ties and resources to Panchayats is considered essential for sustainable decentralization and inclusive development. At the same time, there is a specific legislation for implementing Pancha- yati Raj in Fifth Schedule areas, many of which are also affected by Left Wing Extremism. Prese- ntly, the following specific steps are being taken to strengthen Panchayati Raj system in the Fifth Schedule areas.
1. Implementation of PESA- The Ministry of Panchayati Raj is concerned with the Panchayats (Extension of Schedule Areas) Act, 1996, (PESA), the provisions of which are to be implemented by the State Gover- nments concerned in the Fifth Schedule areas in the 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Mahara- shtra, Odisha, Rajasthan and Telangana. Out of total 108 PESA Districts, 42 districts are LWE affected districts (Annexure). PESA gives central role to Gram Sabhas in the Fifth Schedule areas and promotes decision making by Gram Sabhas in critical areas related to land, mining, excise, minor forest produce, village markets, money lending and development pro- grammes etc which are crucial areas impacting the livelihoods of the tribals. The Gram Sabhas further have:
(i) Mandatory executive function to approve plans of the village Panchayats, identify beneficiaries for Schemes, issue certificates for the utilization of funds;
(ii) Right of mandatory consultation in the matters of land acquisition, resettlement and rehabilitation and prospecting licenses/mining leases for minor minerals;
(iii) Power to prevent alienation of land and restore alienated land;
(iv) Power to regulate and restrict sale/consumption of liquor;
(v) Power to manage village markets, control money lending to STs;
(vi) Ownership of minor forest produce;
(vii) Power to control institutions and functionaries in all social sectors;
(viii) Power to control local plans and resources for such plans including TSP, etc.
2. Capacity Building of PRIs- Steps have been taken for building capacity and training of elected repre- sentatives of all the three tiers of Panchayats and their functionaries through an elaborate training programme supported by National Institute of Rural Development & Panchayati Raj, Hyderabad and respec- tive State Institutes of Rural Development. In Fifth Schedule States, the effort has been made to stren- gthen the Gram Sabha as well.
3. Amendment in State laws in favour of Gram Sabhas-. Most of the Fifth Schedule State Governments have amended their Panchayati Raj and subject laws to strengthen Panchayati Raj Institutions in these areas under PESA.
4. Grants under Fourteenth Finance Commission- Under the award of the Fourteenth Finance Commission, direct devolution of funds has been decided by the Union Government. The Gram Panchayats will be receiving sizeable amount of untied funds for providing basic services to the people, without having to depend on Central or State Government grants or other support. State wise allocation for Basic and Performance Grants to the Gram Panchayats has been fixed by the Finance Commission.