Lok Sabha Question No. 4633 (UNSTARRED), answered on 2025-08-21
Subject: Constitution of Civic Bodies in Scheduled Areas
Ministry: TRIBAL AFFAIRS
Asked by: Shri Rajkumar Roat

## GOVERNMENT OF INDIA

## MINISTRY OF TRIBAL AFFAIRS

## LOK SABHA

## UNSTARRED QUESTION No. 4633

## TO BE ANSWERED ON 21.08.2025

## Constitution of Civic Bodies in Scheduled Areas

## ✝ 4633. SHRI RAJKUMAR ROAT:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

(a) whether it is mandatory to enact a MESA law on the lines of PESA before forming civic bodies in scheduled areas of the country as per Article 243ZC of the Constitution and if so, the details thereof;

(b) whether the Government intends to stop the formation of new civic bodies and the expansion of  previously  formed  civic  bodies  in  scheduled  areas  which  are  formed  in  violation  of constitutional provisions and if so, the details thereof;

(c) the number of civic bodies in scheduled areas of the country, name, year and State-wise;

(d) whether any proposal regarding the MESA law is under consideration of the Government and if so, the details thereof; and

(e)  whether  the  Union  Government  has  received  any  proposal  from  any  State  Government regarding  the  formation  or  restriction  of  civic  bodies  in  scheduled  areas  and  if  so,  the  details thereof?

## ANSWER

## MINISTER OF STATE FOR TRIBAL AFFAIRS

## (SHRI DURGADAS UIKEY)

(a) to (e) : As per Government of India (Allocation of Business) Rules, 1961 the subject matter of Municipal  Corporations,  Municipalities  and  other  Local  Self-Government  Administrations  is allocated to Ministry of Housing and Urban Affairs. As such, the subject matter of Municipalities (Extension to Scheduled Areas) in short 'MESA' comes under purview of Ministry of Housing and Urban Affairs (MHUA). Therefore inputs/information was sought from MHUA. The Ministry of Housing and Urban Affairs has informed that:

Constitutional provisions in respect of application of Part IXA (The Municipalities) to the Scheduled Areas and the tribal areas are as under:

243ZC(1) : Nothing in this Part (IXA) shall automatically apply to the Scheduled Areas referred to in clause (1) and the tribal areas referred to in clause (2) of Article 244.

243ZC(3) : Notwithstanding anything in this Constitution, Parliament may, by law, extend the provisions of this Part (IXA) to the Scheduled Areas and the tribal areas referred to in clause

(1) subject to such exceptions and modifications as may be specified in such law, and not such law shall be deemed to be an amendment for the purpose of Article 368.

2.          However,  para  5  (1)  of  the  Fifth  Schedule   under  Article  244  provides  that   -  " Notwithstanding anything in this Constitution, the Governor may by public notification direct that any particular Act of Parliament or of the Legislature of the State shall not apply to a Scheduled Area or any part thereof in the State or shall apply to a Scheduled Area or any part thereof in the State subject to such exceptions and modifications as he may specify in the notification and any direction given under this sub-paragraph may be given so as to have retrospective effect."  By virtue of these provisions, municipalities may be constituted in the scheduled areas by way of public notification with the approval of the Governor of the concerned State.
3.           The  Provisions  of  the  Municipalities  (Extension  to  the  Scheduled  Areas)  Bill,  2001 (MESA Bill, 2001) was introduced in Rajya Sabha on 30.07.2001. The Bill was referred to the Parliamentary  Standing  Committee  on  Urban  and  Rural  Development  (Thirteenth  Lok  Sabha) which submitted its report  in October, 2003.   Based on the recommendations of the Standing Committee, it was decided to seek approval of the Cabinet for amendment to the provisions of the MESA Bill, 2001. However, the draft Cabinet Note could not be circulated.
4. Subsequently, with the approval of the Hon'ble HUAM on 04.02.2020, it was decided to pursue  the  Bill,  as  recommended  by  the  Standing  Committee.   It  was  also  decided  to  start consultations  with  the  stakeholders  before  seeking  approval  of  the  Cabinet.   Accordingly, views/comments  were  sought  from  10  States  viz.  Andhra  Pradesh,  Chhattisgarh,  Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana on  the  recommendations  made  by  the  Standing  Committee  to  MESA  Bill.   The  requisite comments/views from eight States have been received so far and comments/views from two States viz. Jharkhand and Maharashtra are still awaited despite regular follow up.

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