Question : PESA Act

(a) whether the Government has directed the laggard states to expedite the notification and implementation of the rules of Panchayats (Extension to 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; and

(b) if so, the details thereof?

Answer given by the minister


THE MINISTER OF STATE FOR PANCHAYATI RAJ

(SHRI KAPIL MORESHWAR PATIL)

(a) Yes, Sir.

(b) For implementation of ‘The Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996’ (PESA), Ministry of Panchayati Raj regularly pursued with the Fifth Schedule States and also took up the issue in various Zonal Council meetings, for amending their State Panchayati Raj Acts and compliance of subject laws. Further, in 2009, the Draft Model PESA Rules had been framed and circulated by Ministry of Panchayati Raj to the ten PESA States. As a result of regular persuasion, the six States of Andhra Pradesh, Gujarat, Himachal Pradesh, Maharashtra, Rajasthan and Telangana have framed their State PESA Rules under their respective State Panchayati Raj Acts. Rajasthan has also enacted “The Rajasthan Panchayati Raj (Modification of Provisions in their Application to the Scheduled Areas) Act 1999” to bring them in conformity with the PESA Act 1996.
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