**Executive Summary**
This report outlines the status and challenges regarding the enforcement of "The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996" (PESA) in Odisha. While Odisha has incorporated PESA into its state legislation, it is the only one of ten Fifth Schedule states that has not yet finalized its PESA Rules, having published a draft notification on November 10, 2023. Current efforts focus on finalizing these rules and utilizing ten new performance indicators developed by the Ministry of Panchayati Raj to address implementation gaps.
**Key Points / Main Content**
**National PESA Implementation Status**
* PESA extends Part-IX of the Constitution to Fifth Schedule Areas in ten states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana.
* Nine of these states have already framed their PESA Rules; Odisha has currently only framed draft rules.
* All states except Rajasthan have incorporated PESA provisions into their respective State Panchayati Raj Acts; Rajasthan notified a separate Act in 1999.
**Challenges in Odisha**
* Odisha has integrated PESA provisions into the Orissa Grama Panchayats Act, 1964, but faces a delay in notifying final PESA Rules.
* Implementation is hindered by limited awareness and inadequate capacity building.
* There is a noted trend of reduced participation in Gram Sabha meetings.
**Performance and Monitoring Framework**
* The Ministry of Panchayati Raj has introduced 10 PESA indicators to assess state performance and identify gaps.
* Key indicators include the alignment of State Acts with PESA, deployment of PESA staff at the state level, and the mapping of PESA villages in the LG directory.
* States are required to upload Gram Sabha minutes, photos, and videos to the 'Panchayat NIRNAY' portal and ensure GPDP plans are uploaded for PESA Gram Sabhas.
**Impact Analysis**
**Government of Odisha**
**Impact**
The state is currently recognized as the only PESA state yet to finalize its specific PESA Rules, which delays the effective enforcement of tribal governance provisions.
**Action Required**
The state must take steps for the early finalization of the PESA rules (following the 10.11.2023 draft) and strengthen capacity building and awareness generation mechanisms.
**Ministry of Panchayati Raj**
**Impact**
As the overseeing body, the Ministry has the responsibility to ensure all PESA states comply with the Act through standardized monitoring.
**Action Required**
The Ministry must facilitate State Governments in assessing performance using the 10 newly developed indicators to identify and take measures against implementation gaps.
**PESA Gram Sabhas and Local Communities**
**Impact**
Tribal communities in Scheduled Areas are affected by reduced participation and a lack of orientation regarding their rights under PESA.
**Action Required**
Local bodies must ensure the uploading of meeting minutes and media to the ‘Panchayat NIRNAY’ portal and participate in orientations and trainings provided under the Rashtriya Gram Swaraj Abhiyan (RGSA).
Key Entities Referenced
The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA): Central legislation that extends the provisions of Part-IX of the Indian Constitution to Fifth Schedule Areas with specific modifications.
Odisha: The primary state of focus for the report, containing Fifth Schedule Areas where PESA enforcement gaps are being addressed.
Ministry of Panchayati Raj: The nodal ministry responsible for monitoring PESA implementation and developing performance indicators for state governments.
Odisha Grama Panchayats (Extension to Scheduled Areas) Rules, 2023: The draft rules published by the Odisha government to formalize and finalize the implementation framework of PESA in the state.
10 PESA Indicators: A strategic monitoring tool developed to assess state performance, identify gaps, and ensure compliance with PESA provisions.
Ministry of Tribal Affairs
GAPS IN ENFORCEMENT OF PESA IN ODISHA
Posted On: 25 MAR 2026 2:23PM by PIB Delhi
The Union Minister of State for Tribal Affairs Shri Durgadas Uikey today informed Rajya Sabha that the
subject matter of the question pertains to the Ministry of Panchayati Raj. The Ministry of Panchayati Raj
has informed that: The Parliament enacted "The Provisions of the Panchayats (Extension to the Scheduled
Areas) Act, 1996" (PESA), for extending the provisions of Part-IX of the Constitution, with certain
exceptions and modifications, to the Fifth Schedule Areas, as per article 243M(4)(b) of the Constitution.
At present, Fifth Schedule Areas exist in 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal
Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana. Nine PESA states,
except Rajasthan, have incorporated the provisions of PESA Act, 1996 in their respective State Panchayati
Raj Acts. The tenth State, Rajasthan, has notified "The Rajasthan Panchayat Raj (Modification of
Provisions in their Application to the Scheduled Areas) Act 1999." At present, nine PESA States namely
Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan,
Jharkhand and Telangana have framed their PESA Rules and one state namely Odisha framed their draft
PESA Rules.
To implement 'The Provisions of the Panchayats (Extension to the Scheduled Areas) Act (PESA), 1996' to
the Fifth Schedule Areas of Odisha, the Government of Odisha has incorporated the provisions of PESA
Act in their State Panchayati Raj Act i.e. The Orissa Grama Panchayats Act, 1964. The Government of
Odisha informed that challenges like delay in notifying of PESA Rules, limited awareness, inadequate
capacity building, reduced participation in Gram Sabha meetings, etc. persist in ensuring effective
implementation of PESA Act.
Further, the Government of Odisha informed that they had published draft notification for Odisha Grama
Panchayats (Extension to Scheduled Areas) Rules, 2023 in the Odisha Gazette on 10.11.2023 and has
taken steps for early finalization of the PESA rules. It was also reported that, following the notification of
State PESA Rules, the need for capacity building, enhanced awareness generation and strengthening of
implementation mechanism has been recognized. To ensure the effective implementation of the PESA Act
in the PESA States, including Odisha, Ministry of Panchayati Raj has recently developed 10 PESA
indicators to facilitate State Governments in assessing performance, identifying gaps and taking
appropriate measures to strengthen the implementation of PESA in the State. These 10 PESA Indicators
are- Alignment of State Panchayat Raj Acts with PESA Provisions; State PESA Rules Notified; Provisions
in State PESA Rules in conformity with PESA Act; Amendments in State Acts Rules / Regulations /
Policies /Executive Directions of other line departments to comply with PESA Act; GPDP plan upload of
PESA Gram Sabhas; Mapping of PESA Villages/Panchayats in LG directory; Deployment of PESA Staff
at State Level; PESA Trainings; Orientation of PESA Gram Sabha under RGSA; and Uploading of
photos/videos and minutes of Gram Sabha on 'Panchayat NIRNAY' portal.
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