Section 4 of PESA : Section 4: Exceptions And Modifications To Part Ix Of The Constitution

Explanation using Example

Imagine a scenario where a small tribal community in a Scheduled Area is planning to develop a local market to boost their economy. According to Section 4 of The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996, the State Legislature cannot pass a law that would allow a large corporation to take over the market development without the consent of the local Gram Sabha. The Gram Sabha, which includes all the eligible voters of the village, must first give its approval for the plans and ensure that the market will be managed in accordance with their traditional customs and practices, as per clause (e)(i) and clause (m)(iv).

In this example, the community's Gram Sabha would meet to discuss the market development project. They would need to approve the project's plans and ensure that the market aligns with their cultural identity and traditional management practices. The local Panchayat would also need to obtain certification from the Gram Sabha confirming the proper utilization of funds for the project, as stated in clause (f).

Furthermore, if the development of the market involves the acquisition of land or affects the local community in some way, the Panchayat and the Gram Sabha must be consulted beforehand, as per clause (i). This ensures that the tribal community's rights and interests are protected and that they have a significant say in the development projects that affect their area.