THE JHARKHAND STORY NETWORK
Ranchi, December 23: Facing sustained scrutiny from the Jharkhand High Court over the non-implementation of the Panchayat (Extension to Scheduled Areas) Act, 1996 (PESA), the Jharkhand Cabinet on Tuesday approved the Panchayat Provisions (Extension to Scheduled Areas) Jharkhand Rules, 2025, a long-pending legal framework critical to governance in tribal regions.
The decision assumes significance as the High Court has stalled the auction of sand ghats in Scheduled Areas and warned the state government of contempt proceedings for continuing mineral-related decisions without operationalising PESA, a constitutional mandate for tribal self-governance.
The Cabinet meeting was chaired by Chief Minister Hemant Soren, whose government has repeatedly informed the court that PESA rules were under finalisation.
PESA Rules at the Centre of Judicial Scrutiny
The approval of the Jharkhand PESA Rules comes amid ongoing proceedings before the High Court, where the state’s failure to notify rules under PESA has been described as a systemic violation of tribal rights.
In recent hearings, the court has held that Gram Sabhas in Scheduled Areas cannot be bypassed in matters relating to natural resources, including sand mining. Acting on this principle, the court stayed the auction of sand ghats in Scheduled Areas, holding that without enforceable PESA rules, such auctions lack legal foundation.
The Cabinet’s decision is therefore closely linked to judicial directions and is expected to determine how mineral governance in Scheduled Areas proceeds hereafter.
Governance in Scheduled Areas: Beyond Sand Mining
While sand mining triggered immediate judicial intervention, the Cabinet’s approval of PESA Rules has broader implications for governance in tribal regions.
PESA governs community decision-making over land acquisition, minor forest produce, water bodies, village markets, and development projects in Scheduled Areas. With rules now approved, the framework for Gram Sabha consent and oversight—long recognised in law but weakly implemented—has formally entered the state’s rulebook.
The effectiveness of the decision will now depend on how these rules are operationalised at the district and village levels.
Other Notable Cabinet Decisions
Apart from the PESA Rules, the Cabinet approved a series of significant administrative, infrastructure, welfare, and service-related decisions:
Infrastructure and Development
- Administrative approval for road strengthening, widening, and reconstruction projects in Dumka and Jamshedpur districts, including the Chamrabahiyar–Bardaninath Temple Road and the Bahragora–Darishol Chowk Road, with a combined outlay exceeding ₹73 crore, transferred to the Road Construction Department.
- Approval for the construction of hostels in 21 Kasturba Gandhi Girls’ Schools, at a cost of over ₹51 crore, to improve residential facilities for students.
Education and Welfare
- Restructuring of academic and non-academic posts at Dr. Shyama Prasad Mukherjee University, Ranchi.
- Increase in the honorarium for teachers and coordinators under the state-level Akanksha programme.
- Extension of the contract for supply of Micronutrient Fortified and Energy-Dense Food under Mission Saksham Anganwadi and Poshan 2.0 to ensure uninterrupted distribution of Take Home Ration.
- Approval of guidelines for Child Welfare and Protection Committees under Mission Vatsalya.
Service Matters and Court Compliance
- Regularisation and confirmation of services, along with payment of admissible financial benefits, in multiple cases in compliance with Jharkhand High Court orders, including writ petitions filed by Indu Devi, Jai Prakash Singh, Poonam Sinha, and Jag Narayan Singh.
- Approval for revision of pay scale and grade pay for non-gazetted posts in the Jharkhand Fire Service, in line with the Sixth Pay Revision, pursuant to earlier High Court directions.
- Release of arrears and retirement benefits to Dilip Kumar Bhattacharya in compliance with court orders.
Administrative Actions
- Dismissal of two medical officers—one at Sadar Hospital, Sahebganj, and another at the Community Health Centre, Ormanjhi—for unauthorised absence.
- One-time relaxation of promotion rules for Forest Guards to enable elevation to the post of Head Forest Guard.
- Approval of amendments to the Jharkhand Staff Selection Commission examination rules for Matric and Intermediate-level recruitments.
- Determination of age limits for direct recruitment to gazetted and non-gazetted posts.
- Nomination of St. Xavier’s College, Ranchi, as Knowledge Partner for the Pre-Budget Workshop by relaxing relevant financial rules.
