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Assignment 123 Pages

Mahatma Jyotiba Phule Rohilkhand University

Company Law

Contributed by

Prasad Choradia

“Implementation Status and Gap between
Provisions and Practice of PESA Act : A
Comparative Diagnostic-cum-Evaluation
Study”

Submitted to :
Scheduled Castes and Scheduled Tribes Research and Training
Institute (SCSTRTI), Bhubaneswar, Government of Odisha

Submitted by :

Institute of Social Sciences
Eastern Regional Office
Plot No- 75/A, B.J.B. Nagar, Bhubaneswar-751014
Phone: 0674-2310292, Fax: 0674-2310292
www.issin.org, Email: issbbsr@sancharnet.in, issbbsr@yahoo.com

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PROJECT INFORMATION

Project Title : “Implementation Status and Gap between Provisions
and Practice of PESA Act: A Comparative Diagnostic-
cum-Evaluation Study”

Project Authority : Scheduled Castes and Scheduled Tribes Research and
Training Institute (SCSTRTI), Bhubaneswar,
Government of Odisha

Project Implementing Agency : Institute of Social Sciences, Regional Office,
Bhubaneswar, Odisha

Project Period : Seven Months

Report prepared by : Institute of Social Sciences, Regional Office,
Bhubaneswar, Odisha

Report Written by : Karunakar Patnaik
Senior Fellow and Regional Coordinator
Institute of Social Sciences, Bhubaneswar

Dr. Pramila Prava Patnaik
Senior Research Officer, Institute of Social Sciences
Bhubaneswar

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CONTENT

List of Tables 03
List of Figures 04
Abbreviations 05
Glossary 09
Executive Summary 10

Chapter – I Introduction - Backdrop, Study Area, Methodology and Review of
Literature 10
Chapter – II Status of Panchayati Raj System in India and Odisha: Historical
Perspective and Current Status 21
Chapter – III Provisions of 73
rd
Amendment Act and PESA Act and
Implementations of the Acts in the State of Odisha 32
Chapter – IV Profile of Study Area 44
Chapter – V Role of Gram Sabha in Implementation of PESA Act 57
Chapter – VI Working of PESA Act in Study Areas - A Situational Analysis 65
Chapter – VII Impact of PESA Act & its Critical Gaps in the Implementation
Process in respect of Subjects over which Panchayats Enforce
Control under PESA Act 80
Chapter – VIII Conclusions and Suggestions 88
Bibliography 101
Annexure – I 104
Annexure – II 109
List of Maps 111

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LIST OF TABLES

Table Number

Content

Page No.

Table 4.1 Demographic profile of select blocks 47
Table
4.2

Ethnic distribution of population of selected blocks

47

Table 4.3 Sex wise distribution of Head of the House Holds 104
Table
4.4

Composition of household members

48

Table 4.5 Age group of population 50
Table 4.6 Age group of Head of House Holds 401
Table
4.7

Occupational pattern

51

Table 4.8 Literacy status 52
Table
4.9

Ethnic distribution of households

54

Table 4.10 Economic status of households 56
Table
4.11

Type of family and nature of house

105

Table
5.1

Understanding about PESA Act

57

Table 5.2 Descriptive statistics 58
Table
5.3

Correlation matrix

109

Table 5.4 Regression results 59
Table
5.5

Functioning of gram sabha

59

Table 5.6 Participation in gram sabha 61
Table
5.7

Reason for not particip
ating in gram sabha

106

Table 5.
8

Descriptive statistics

110

Table 5.9 Correlations matrix 110
Table
6.1

Dependence on others to meet extra expenses

107

Table 6.2 Sources of meeting extra expenses 66
Table 6.3 Functioning of money lending business 67
Table
6.4

Consumption of intoxicants

69

Table 6.5 Existence of liquor shop 107
Table 6.
6

Regulation on consumption of intoxicants

70

Table 6.7 Collection of MFP and fixation of prices 71
Table 6.8 Ownership of MFP 73
Table 6.
9

Land transfer

75

Table 6.10 Land transfer 75
Table
6.11

Regulation of village market

77

Table 6.12 Village market 78

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LIST OF FIGURES

Figure Number

Content

Page No.

Figure 4.1 District wise female headed households 48
Figure

4.2

Age composition of HHH

50

Figure 4.3 Literacy status of study districts 53
Figure 4.4 Caste wise households in study districts 55
Figure 4.5 District wise economic status of households 55
Figure 5.1 Reasons for non-participation in GS 62
Figure

6.1

Nature of local liquor shop

70

Figure 6.2 District wise regulation of village market 78

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ABBREVIATIONS

ABDO - Additional Block Development Officer
AM - Arithmetic Mean
APL - Above Poverty Line
APO - Assistant Programme Officer
BDO - Block Development Officer
BGJY - Biju Gram Jyoti Yojana
BGY - Biju Gajpati Yojana
BKBKP - Biju KBK Plan
BKY - Biju Kandhamal Yojana
BPL - Below Poverty Line
BRGF - Backward Region Grant Fund
BSY - Biju Setu Yojana
CBO - Community Based Organization
CBOs - Community Based Organizations
CDP - Community Development programme
CSD - Council for Social Development
CSS - Centrally Sponsored Schemes
CYSD - Center for Youth and Social Development (NGO)
DA - Dearness Allowances
DKDA - Dangaria Kondh Development Agency
DPC - District Planning Committee
DRDA - District Rural Development Agency
E - East
EAS - Employment Assurance Scheme
ED - Excise Department
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EO - Executive Officer
FDR - Forest Dwellers Rights
FGD - Focus Group Discussion
FRA - Forest Rights Act
GGY - Gopabandhu Gramina Yojana
GO - Government Organization
GP - Gram Panchayat
GRS - Gram Rojagar Sewak
GS - Gram Sabha
HH - House Hold
HHH - Head of the House Hold
HKMDA - Hill Khadia and Mankadia Development Agency
IASCP - International Association for the Study of Common Property
IAY - Indira Awas Yojana
ISED - Institute of Social Economic Development (An NGO)
ISS - Institute of Social Sciences
ITDA - Integrated Tribal Development Agency
JE - Junior Engineer
JSPL - Jindal Steel Plant Ltd.
kms - Kilometer
LAMP - Large Adivasi Multi-purpose Primary Societies
MBPY - Madhu Babu Pension Yojana
MFP - Minor Forest Produce
MGNERGS - Mahatma Gandhi National Employment Guarantee Scheme
MOTA - Ministry of Tribal Affaires
MOU - Memorandum of Understanding
MP - Madhya Pradesh
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N - North
NAC - Notified Area Council
NEP - National extension Programme
NFFW - National Food For Work Programme
NGO - Non-Governmental Organization
NGOs - Non Governmental Organisations
NIRD - National Institute of Rural Development
No. - Number
NREGS - National Rural Employment Guarantee Scheme
NTFP - Non-Timber Forest Product
OBC - Other Backward Class
OFDC - Orissa Forest Development Corporation
OSATIP - Orissa Scheduled Areas Transfer of Immovable Property
PA - Project Administrator
PAL - Panchayat at Appropriate Level
PDS - Public Distribution System
PESA - Panchayat Extension to Scheduled Areas
POSCO - A Steel Company of South Korea
PR - Panchayati Raj
PRIA - Participatory Research in Asia (an NGO)
PRIs - Panchayati Raj Institutions
PRS - Purposive Random Sampling
PS - Panchayat Samiti
PTG - Primitive Tribal Group
RCDC - Regional Center for Development Cooperation
RGSY - Rastriya Gram Swaraj Yojana
RIs - Revenue Inspectors
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RMC - Regional Marketing Committee
SA - Social Audit
SC - Scheduled Caste
SCSTRTI - Scheduled Castes and Scheduled Tribes Research and Training Institute
SD - Standard Deviation
SEWAK - Self Employed Worker’s Association Kendra (An NGO at Sundargarh)
SFCs - State Finance Commissions
SGRY - Sampoorna Gramin Sworazgar Yojana
SHG - Self Help Group
sq. - Square
ST - Scheduled Tribe
TAC - Tribal Advisory Council
TDCC - Tribal Development Corporative Corporation
TFD - Traditional Forest Dwellers
TRI - Tribal Research Institute
TRIPTI - Targeted Rural Initiative for Poverty Termination and Infrastructure
TSP - Tribal Sub-Plan
ULBs - Urban Local Bodies
WEO - Welfare Extension officer
WLCS - Wild Life Conservation Strategy
ZP - Zilla Parishad
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Glossary

Correlation matrix: To locate the correlation for any pair of variables, the value in the table
for the row and column intersection for those two variables is shown in matrix form.
FGD: A Focus Group Discussion is a form of qualitative research in which a group of people
are asked questions (non-structured) pertaining to the research theme.
Gram Panchayat: It is the lowest structure of the Panchayati Raj System consisting of
Sarapanch, Panchayat Secretary and ward members.
Gram Sabha: It is the assembly of all voters of the Gram Panchayat
Likert Scaling Technique (LST): A Likert scale measures the extent to which a person agrees
or disagrees with the question. The most common scale is 1 to 5. Often the scale will be
1=strongly disagree, 2=disagree, 3=not sure, 4=agree, and 5=strongly agree.
MFP: Minor Forest Produce like, mahuli, tamarind,turmeric, jhuna,sala seeds collected by
the tribals in the tribal areas are the major sources of their livelihood.
Panchayat Samiti: It is the intermediary structure at the block level consisting of President,
Vice President etc.
Purposive random sampling: When a researcher deliberately or purposely select certain data
and randomly draw sample from the group.
Palli Sabha: The concept of palli sabha is a novel feature of the gram panchayat
administration in Orissa. For every village within the grama, the state government by
notification, constitutes a palli sabha. Where the area within a ward constituted for the grama
consists of more than one village, there shall be only one palli sabha for it
Regression: A statistical measure that attempts to determine the strength of the relationship
between one dependent variable (usually denoted by Y) and a series of other changing
variables (known as independent variables).

TSP: Tribal Sub-plan Approach envisages the integrated development of tribal areas. The
objective is to bring the area at par with the rest of the state and raise the level of welfare of
STs.
Village: The area defined, surveyed and recorded as separate village.
Zilla Parishad:
Zilla parishad is the apex tier of all the three tiers of PRIs. President is the
head of zilla parishad. It is the responsibility of zilla parishad president to look after his/her
zilla parishad as well as all the three-tier institutions

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