Under intense criticism over the poor implementation of Panchayats (Extension of Scheduled Areas) Act (PESA), the government has decided to shift the control of joint forest management committees (JFMCs) from district forest officer to the gram sabhas/gram panchayats.

It has also decided to ensure prior consultation with panchayat bodies while implementing the Wildlife Protection Act 1972, and its provision relating to relocation and declarations of sanctuaries.

The decision was taken in a meeting between the Rural Development and Panchayati Raj Minister CP Joshi and Minister of State for Environment and Forest (MoEF) Jairam Ramesh in the capital on Wednesday. 
The move comes in the backdrop of a rise in Maoist insurgency. Senior congress leader Mani Shankar Aiyar has repeatedly linked the growth in Maoist insurgency with the poor implementation of Panchayati Raj law in scheduled areas. 

Apart from shifting the control of the JFMCs to the gram sabhas the ministers agreed on the following points.
*There must be organic linkages between elected panchayat bodies and non PESA areas
*Other issues such as definition and ownership of minor forest produce and a central role to panchayats in the afforestation and forest protection schemes would be sorted out shortly
*MoEF would further examine the issue of Indian Forest Act 1927 and Forest Conservation Act 1980 with PESA.

It was in 1996 that the Parliament passed PESA, which provides for enacting panchayat raj laws for 'Fifth Schedule' areas – tribal areas in Andhra Pradesh, Jharkhand, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Chhattisgarh, Orissa and Rajasthan.

Last month, the panchayati raj ministry had also mooted the idea of amendments to the law and had asked all nine PESA states for their opinion.
Panchayati Raj secretary ANP Sinha had written a letter to the chief secretaries of the nine PESA, inviting their views.

The panchayati raj secretary's letter referred to the following deficiencies.
“States have generally not framed rules under PESA. As a result the modalities for implementing the act have not been delineated clearly. Response to adoption of the draft model PESA Rules has been inadequate.
“State and central subject laws relating to mines and minerals, forests, excise, land acquisition etc are not PESA compliant. In spite of the effort by the MoPR requisite action has not been taken.
“Formulations of some sections of the PESA have been interpreted against the spirit of the Act.”

The letter further said, “For ensuring proper implementation of PESA, the above mentioned deficiencies have to be removed through amendments in the PESA. You are requested to kindly furnish views of your government on the same.”