(a) whether the consent of gram sabha is required on industrial projects
to be implemented in tribal areas;
(b) if so, the details thereof;
(c) if not, whether any legislation has been proposed by the Government in this regard;
(d) if so, the details thereof; and
(e) the reaction of the Government on inclusion of the representatives of the gram
sabhas in the consultative process for drafting such a legislation ?
MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH)
(a) & (b): As per provisions of the Panchayats (extension to the Scheduled Areas) Act
1996, Gram Sabhas located in the Schedule-V areas are to approve of the plans, programmes
and projects for social and economic development before such plans, programmes and projects
are taken up for implementation by the Panchayat at the village level. They are responsible
for identification or selection of persons as beneficiaries under the poverty alleviation
and other programmes.
The act also provides that the Gram Sabha or the Panchayats at the appropriate level shall
be consulted before making the acquisition of land in the Scheduled Areas for development
projects and before re-settling or rehabilitating persons affected by such projects in the
Scheduled Areas; the actual planning and implementation of the projects in the Scheduled
Areas shall be coordinated at the State level; the recommendations of the Gram Sabha or
the Panchayats at the appropriate level shall be made mandatory prior to grant of
prospecting license or mining lease for minor minerals in the Scheduled Areas.
As per Section 4(k) of the Act, recommendations of the Gram Sabha or the Panchayats
at the appropriate level shall be made mandatory prior to grant of prospecting license
or mining lease for minor minerals in the Scheduled Areas and Section 4 of the Act
provides that prior recommendation of the Gram Sabhas or the Panchayats at the
appropriate level shall be made mandatory for grant of concession for the exploitation
of minor minerals by auction.
(c) to (e): Does not arise.