Parliament Question: Implementation of PESA Act

GOVERNMENT OF INDIA MINISTRYOF PANCHAYATIRAJ LOK SABHA UNSTARREDQUESTION NO.– 2766 ANSWEREDON- 10.03.2026 IMPLEMENTATIONOFPESAACT 2766.SHRIUMMEDARAM BENIWAL: Will the Minister of PANCHAYATI RAJ be pleasedtostate: (a) whether the Government has reviewed the implementation of Panchayats (Extentions to ScheduledAreas) Act inScheduled Areas of Rajasthan; (b) if so, the gapsidentifiedandmeasures takentostrengthen implementation;and (c) whether similar reviews are beingconducted inother tribal-dominatedstates andif so, the detailsthereof? ANSWER THE MINISTER OF PANCHAYATI RAJ (SHRIRAJIVRANJAN SINGH) (a) to (c) 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 and Telangana. Provisions of PESAAct are applicable only tothese 10States. "Panchayat, being "Local Government", is a State Subject and part of the State List in the Seventh Schedule of the Constitution of India. Panchayats are set up and operate through the respective State Panchayati Raj Acts. Accordingly all matters relating to Panchayats, including reviewing of the implementation of PESAAct in the Scheduled Areas of the State, identification of gaps and measures taken to strengthen its implementation etc. fall within the purviewof the StateGovernment concerned. States having Fifth Scheduled Areas have informed that regular review meetings are conducted to monitor the implementation of PESA Act. Government of Rajasthan has informed that the progress of implementation of PESA Act has been reviewed regularly through meetingswith the concerned departmentsat the Statelevel. 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 1are- 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 PESAGram Sabha under RGSA; and Uploading of photos / videos andminutesof Gram Sabhaon ‘Panchayat NIRNAY’ portal. In the assessment for the FY 2024-25, State of Rajasthan has secured 4th position and is tagged as “Performer”. PESA Indicators reveal that State of Rajasthan is lacking in certain areas such as ‘Provisions in State PESA Rules in conformity with PESA Act’ and ‘Amendments in State Acts / Rules / Regulations / Policies / Executive Directions of other line departmentstocomply with PESAAct’. ***** 2