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Institution of Local Self Governance and its Linkages with Tourism

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the tribal areas not included in the fifth <strong>and</strong> sixth schedules <strong>of</strong> theConstitution.Based on the Bhuria committees recommendations for self rule to thetribal population, Parliament extended certain provisions in the 73'dAmendment act meant for the Panchayats to the Scheduled Areas.Accord ingly, a bill was introduced in the Parliament on 19 December1996 <strong>and</strong> subsequently, the President's gave his assent on 24December 1996 after which it became a part <strong>of</strong> the Constitution.Scheduled Areas under the fifth Schedule includes dhra Pradesh,Jharkh<strong>and</strong>, Gujarat, Himachal Pradesh, Madhya Pradesh,Chattisgarh, Maharashtra, Orissa <strong>and</strong> Rajasthan. The tribal areasunder the sixth Schedule include Meghalaya, Mizoram, Nagal<strong>and</strong><strong>and</strong> Tripura in the North Eastern region.The outst<strong>and</strong>ing features <strong>of</strong> the Act (extension <strong>of</strong> ScheduledAreas) includes the following:The most notable feature <strong>of</strong> this act is that the Gram Sabha has beenmade the nucleus <strong>and</strong> the soul <strong>of</strong> all activities. Though 73'd Amendmenthas a provision fo r the constitution <strong>of</strong> the gram sabha but it is the Statelegislatures, which has been endowed by law to define the powers <strong>and</strong>fu nctions <strong>of</strong> the Gram Sabha. The extended act however, has made theGra m Sabha the soul <strong>of</strong> the democratically decentral izedadministrative structure, the symbol <strong>of</strong> tribal identity, traditionalcustoms <strong>and</strong> practices, <strong>and</strong> community assets. Any <strong>of</strong> the statelegislation on the Panchayats for the tribal areas has to be inagreement <strong>with</strong> the customary law, social <strong>and</strong> religious practices, <strong>and</strong>traditional practices <strong>of</strong> community resources.A village has been recognized as a habitation or a group <strong>of</strong> habitationsor hamlet or a group <strong>of</strong> hamlets comprising <strong>of</strong> community <strong>and</strong> managing<strong>its</strong> affairs in accordance <strong>with</strong> the traditions <strong>and</strong> customs. Since the tribalsettlements are scattered <strong>and</strong> they live in small un<strong>its</strong>, each unit can bedeclared as a village.The m<strong>and</strong>atory provisions <strong>of</strong> the extended Act are:1) Every village is to have a Gram Sabha consisting <strong>of</strong> persons whosenames are included in the electora l rolls for the Panchayats at thevillage level. Every Gram Sabha is empowered to safeguard <strong>and</strong>preserve the traditions, customs <strong>and</strong> cultural identity <strong>of</strong> thepeople, community resources <strong>and</strong> settling local disputes41

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