Question : Implementation of PESA Act, 1996

(a) the details of States that have notified and implemented the provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (PESA) which seeks to empower local Governments in Schedule V areas of the country to help safeguard and preserve the traditions and customs of the tribal communities;

(b) whether the Government has issued directions to non-implementing States to expedite the notification and implementation of the provisions of the PESA Act, 1996 especially in Odisha; and

(c) if so, the details thereof?

THE MINISTER OF PANCHAYATI RAJ

(SHRI GIRIRAJ SINGH)

(a) to (c) : A statement is laid on the Table of the House.





STATEMENT REFERRED TO IN REPLY TO PARTS (a) to (c) OF THE LOK SABHA STARRED QUESTION NO. *24 FOR ANSWER ON 19.07.2022 REGARDING ‘IMPLEMENTATION OF PESA ACT, 1996’
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(a) to (c) The Parliament enacted “The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996” (PESA) to extend Part IX of the Constitution, with certain modifications and exceptions, to the Fifth Schedule areas of ten States namely 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 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”. With the objective of effective implementation of PESA, Ministry of Panchayati Raj circulated Draft Model PESA Rules in 2009 to the PESA States. Based on constant persuasion by the Ministry of Panchayati Raj six States namely; Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Rajasthan and Telangana have notified their State PESA Rules under their respective State Panchayati Raj Acts. The Ministry of Panchayati Raj has regularly requested, the States of Jharkhand, Odisha, Chhattisgarh and Madhya Pradesh to notify their State PESA Rules through advisories, conferences, meetings, workshops. The recent advisory sent in this regard was in February, 2022.

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