Home India Ministry of Panchayati Raj Parliament Question: Awareness regarding PESA Act, 1996...
Date: 2025-08-05 Category: Not Applicable State: Union Government Country: India

Parliament Question: Awareness regarding PESA Act, 1996

Issued by Ministry of Panchayati Raj · Not Applicable

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Executive Summary & Key Takeaways

**Executive Summary:** The Ministry of Panchayati Raj addresses awareness and implementation of the Panchayats Extension to Scheduled Areas Act (PESA) of 1996. Nine of ten states with Fifth Schedule Areas have incorporated PESA into their Panchayati Raj Acts. The Ministry supports PESA implementation through training programs, resource materials, and collaboration with state governments, monitored through conferences and workshops. **Key Points / Main Content:** * **PESA Implementation Status:** * PESA enacted to extend provisions of Part IX of the Constitution to Fifth Schedule Areas. * Fifth Schedule Areas exist in 10 states: Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan, and Telangana. * Nine PESA states (excluding Rajasthan) have incorporated PESA into their State Panchayati Raj Acts. * Rajasthan has notified "The Rajasthan Panchayat Raj Modification of Provisions in their Application to the Scheduled Areas Act 1999". * Eight states have framed PESA Rules, and two have draft rules. * A compendium, "PESA in Action: Stories of Strength and Self-Governance," was released on July 24, 2025, in Bhopal, featuring 40 success stories. * **Recent Rule Notifications:** * Chhattisgarh notified PESA Rules on August 8, 2022. * Madhya Pradesh notified PESA Rules on November 15, 2022. * Odisha and Jharkhand framed draft PESA Rules on November 10, 2023, and July 26, 2023, respectively. * **Government Initiatives:** * The Ministry conducts training for State Level Master Trainers on key PESA subjects. * Seven training manuals on key PESA subjects and a PESAGPDP Portal have been launched. * A Centre of Excellence (CoE) on PESA was established at Indira Gandhi National Tribal University (IGNTU) in Amarkantak, Madhya Pradesh, with a Programme Advisory Board (PAB) to guide it. * The Revamped Centrally Sponsored Scheme of Rashtriya Gram Swaraj Abhiyan (RGSA) supports states/UTs in organizing Capacity Building and Training programs. * **Budget and Monitoring:** * No separate budget provision exists specifically for PESA awareness and capacity building. * Compliance is monitored through conferences, workshops, and writeshops. **Impact Analysis:** * **State Governments:** * *Impact:* Responsible for implementing PESA Rules at the village level and monitoring compliance. * *Action Required:* Utilize support from the Ministry for training programs and capacity building to empower tribal Gram Sabhas. * **Panchayat Representatives in Scheduled Areas:** * *Impact:* Directly benefit from capacity building and training programs to enhance their understanding of governance rights and traditional laws. * *Action Required:* Participate in training programs and utilize resources provided to strengthen participatory governance and development planning. * **Tribal Communities:** * *Impact:* Aims to empower Gram Sabhas by enhancing their understanding of governance rights, traditional laws, and development planning * *Action Required:* Engage with their Gram Sabha to understand and exercise their rights and participate in decision-making processes related to local development and governance.

Key Entities Referenced

Panchayats Extension to Scheduled Areas Act, 1996: A law enacted by the Parliament of India to extend provisions of Part IX of the Constitution to the Fifth Schedule Areas. Fifth Schedule Areas: Areas in India with a predominantly tribal population requiring special consideration and protection as per the Constitution. Gram Sabha: A village assembly consisting of all registered voters in a village, playing a key role in local governance, especially in PESA areas. Chhattisgarh: A state in India that has notified PESA Rules after 2021. Madhya Pradesh: A state in India that has notified PESA Rules after 2021 and collaborated with the Ministry of Panchayati Raj and IGNTU to establish a Centre of Excellence on PESA. Indira Gandhi National Tribal University, Amarkantak, Madhya Pradesh: A central university that hosts a Centre of Excellence on PESA in collaboration with the Ministry of Panchayati Raj and the Government of Madhya Pradesh. Rashtriya Gram Swaraj Abhiyan: A centrally sponsored scheme implemented by the Ministry to support states and union territories, including PESA states, in capacity building and training programs for local self-government. Pune, Maharashtra: Location of a Regional Conference on PESA and a National PESA Writeshop organized by the Ministry.
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GOVERNMENT OF INDIA MINISTRYOF PANCHAYATIRAJ LOK SABHA UNSTARREDQUESTION NO– 2725 ANSWEREDON- 05.08.2025 AWARENESS REGARDING PESAACT,1996 2725.ADVGOWAALKAGADAPADAVI: Will the Minister of PANCHAYATI RAJ be pleasedtostate: (a) whether the Government is aware that several States notified Panchayats (Extension to Scheduled Areas) Act, 1996Rulesrecentlybut manyGram Sabhasare still not aware of it; (b) if so, the numberof States that have notifiedPESAAct Rulesafter 2021,State-wise; (c) the steps taken by the Government to ensure effective implementation of the Rules at the village level; (d) whether the Government has organised any capacity-building or training programmes for Panchayat representativesinScheduledAreas; (e) whether the separate budgetary support for PESAAct awareness and capacity building hasbeenallocated bythe Government; and (f) if so, the details of mechanism placed by the Government to monitor the review compliance with PESAprovisions? ANSWER THE MINISTER OF STATE FORPANCHAYATIRAJ (PROF.S.P.SINGH BAGHEL) (a) 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 article243M(4)(b) of the Constitution. At present, FifthScheduleAreas exist in10States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan andTelangana. 1Nine PESA states, except Rajasthan, have incorporated the provisions of PESAAct, 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, eight PESA States namely Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan and Telangana have framed their PESARules and two States namely Odisha and Jharkhand have framedtheirdraft PESARules. Accordingly, these PESA States have made provisions in their State PESA rules relatingtoconferringpowers toGram SabhainFifthScheduleAreas. Recently, the Ministry has published a compendium entitled “PESA in Action: Stories of Strength and Self-Governance” which was released in a program held in Bhopal, Madhya Pradesh on 24th July, 2025. This compendium carries 40 success stories from all 10 PESA States. These success stories are clear evidence that the PESAAct is implemented on ground levelandGram Sabhasin PESAAreas exercise the powers conferredtothemby State PESArules. (b) After 2021, two States namely, Chhattisgarh and Madhya Pradesh have notified their PESARules on 08.08.2022 and 15.11.2022, respectively. Further, two States namely, Odisha and Jharkhand have also framed their draft PESA Rules on 10.11.2023 and 26.07.2023, respectively. (c)to (f) Panchayat”,being “LocalGovernment”,isa Statesubject andpart of StateList of Seventh Schedule of the Constitution of India. Panchayats are set up and operate through the respective State Panchayati Raj Acts which may vary from State to State, subject to the provisions of the Constitution. Accordingly, all matters relating to Panchayats, including to ensure the effective implementation of the PESA Rules at the village level, to monitor the reviewcompliancewith PESAprovisions, fall within the purviewof StateGovernment. However, to ensure the effective implementation of the PESA Rules at the village level, the Ministry of Panchayati,in collaborationwith the StateGovernments, hasconducted seven trainings for State Level Master Trainers on each training manual on key PESA Subjects- Strengthening of Gram Sabha; Minor Forest Produce; Minor Minerals; Customary Mode of Dispute Resolution; Control over Money Lending; Enforcement of 2Prohibition & Regulating/Restricting the Sales & Consumption of Intoxicants; and Prevention of Alienationof Land.The Ministry haslaunched seven trainingmanuals onafore -mentioned key PESA subjects and PESA–GPDP Portal to develop PESA village development plan. The Ministry has also formed a Centre of Excellence (CoE) on PESAat Indira Gandhi National Tribal University (IGNTU), Amarkantak, Madhya Pradesh in collaboration with the Government of Madhya Pradesh. Memorandum of understanding (MoU) to this effect has been signed among Ministry of Panchayati Raj, Panchayati Raj Department of Madhya Pradesh,and IGNTUon24th July 2025inBhopal,Madhya Pradesh. Further, the Ministry hasconstituted a Programme Advisory Board (PAB) toguide the Centre of Excellence. The objectives of the PAB are to advise CoE on Capacity Building of tribal communities, preservation & promotion of customary law and practices and strengthening institutional support & research etc. The Ministry has implemented the Revamped Centrally Sponsored Scheme of Rashtriya Gram Swaraj Abhiyan (RGSA) from 01.04.2022 to 31.03.2026 (co-terminus with XV Finance Commission period). Under this scheme, the Ministry is providing support to States and Union Territories (UTs), including PESA States, in organizing Capacity Building and Training programs to strengthen participatory governance and enhance the effectiveness of local self-government. The Ministry is assisting States in conducting training programs aimed at empowering tribal Gram Sabhas by enhancing their understanding of governance rights, traditional laws, and development planning. These efforts focus on legal awareness, participatory decision-making, leadership development, and convergence with other rural developmentschemes. Under the scheme, funds have been provided to States/UTs, including PESA States, for Capacity Building and Training as per RGSA norms. There is no separate budget provision specificallyavailable for awareness andcapacitybuildingunderthe PESAAct. Further, the Ministry monitors the compliance with PESA provisions, from time to time, through National/Regional conferences, workshops, writeshops etc. Recently, the Ministry has organised two Regional Conferences on PESAon 11thand 12thJanuary, 2024 at Pune, Maharashtra and on 4thand 5thMarch 2024 at Ranchi, Jharkhand with a view to assess the progress made by the States in implementing the PESA Act and to develop a common vision on its impact at the grassroots level. The Ministry has also organized a ‘National Conference on PESA Act’ on 26th September, 2024 at New Delhi. A National PESA Writeshop hasalso beenheldat Puneon13and14 May 2025. **** 3

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