Lok Sabha Question No. 2725 (UNSTARRED), answered on 2025-08-05
Subject: Awareness regarding PESA  Act, 1996
Ministry: PANCHAYATI RAJ
Asked by: Adv Gowaal Kagada Padavi

## GOVERNMENT OF INDIA MINISTRY OF PANCHAYATI RAJ

## LOK SABHA UNSTARRED QUESTION NO- 2725

ANSWERED ON- 05.08.2025

## AWARENESS REGARDING PESAACT, 1996

## 2725. ADV GOWAALKAGADAPADAVI:

Will the Minister of PANCHAYATI RAJ be pleased to state:

(

a) whether the Government is aware that several States notified Panchayats (Extension to

Scheduled Areas) Act, 1996 Rules recently but many Gram Sabhas are still not aware of it;

- (b) if so, the number of States that have notified PESA Act Rules after 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 representatives in Scheduled Areas;
- (e) whether the separate budgetary support for PESA Act awareness and capacity building has been allocated by the Government; and
- (f) if so, the details of mechanism placed by the Government to monitor the review compliance with PESA provisions?

## ANSWER

## THE MINISTER OF STATE FOR PANCHAYATI RAJ (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 article 243M(4)(b) of the Constitution. At present, Fifth Schedule Areas exist in 10 States viz. 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 Act, 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 PESA Rules and two States namely Odisha and Jharkhand have framed their draft PESA Rules.

Accordingly, these PESA States have made provisions in their State PESA rules relating to conferring powers to Gram Sabha in Fifth Schedule Areas.

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 24 th July, 2025. This compendium carries 40 success stories from all 10 PESA States. These success stories are clear evidence that the PESA Act is implemented on ground level and Gram Sabhas in PESA Areas exercise the powers conferred to them by State PESArules.

(b) After 2021, t wo States namely, Chhattisgarh and Madhya Pradesh have notified their PESA Rules 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 'Local Government', is a State subject and part of State List 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 review compliance with PESA provisions, fall within the purview of State Government.

However, to ensure the effective implementation of the PESA Rules at the village level, the Ministry of Panchayati, in collaboration with the State Governments, has conducted seven trainings for State Level Master Trainers on each training manual on key PESA SubjectsStrengthening of Gram Sabha; Minor Forest Produce; Minor Minerals; Customary Mode of Dispute Resolution; Control over Money Lending; Enforcement of

Prohibition & Regulating/Restricting the Sales & Consumption of Intoxicants; and Prevention of Alienation of Land. The Ministry has launched seven training manuals on afore -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 PESA at 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 IGNTU on 24 th July 2025 in Bhopal, Madhya Pradesh. Further, the Ministry has constituted a Programme Advisory Board (PAB) to guide 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 development schemes.

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 specifically available for awareness and capacity building under the PESA Act.

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 PESA on 11 th and 12 th January, 2024 at Pune, Maharashtra and on 4 th and 5 th March 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 26 th September, 2024 at New Delhi. A National PESA Writeshop has also been held at Pune on 13 and 14 May 2025.

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