Odisha yet to notify PESA Rules despite 2023 draft
The Standing Committee on Rural Development and Panchayati Raj examined the implementation of the Panchayats Extension to the Scheduled Areas (PESA) Act, 1996, to assess how constitutional provisions for local self-governance are applied in tribal areas. This matters to citizens as it concerns the protection of tribal land rights, resource management, and the effectiveness of local governance in 10 states with notified scheduled areas.
Ministry of Panchayati Raj, Ministry of Tribal Affairs, and State Governments (specifically Odisha and other PESA states); affects tribal communities in scheduled areas.
- Committee found that Gram Sabha powers over community resources and dispute resolution are inadequately operationalised due to lack of awareness and weak institutional support.
- Committee recommended mandatory orientation programmes for Gram Sabha members and awareness campaigns in local tribal languages.
- Committee recommended that Gram Panchayat Development Plans (GPDPs) must mandatorily originate from the Gram Sabha level and incorporate tribal livelihood protection.
- Committee identified fraudulent or indirect land transfers and misuse of tribal identity for land acquisition as key issues.
- Committee recommended a detailed study on illegal tribal land transfers, digitisation of land records, and mandatory Gram Sabha verification for tribal land transactions.
- Committee recommended comprehensive operational guidelines for mandatory Gram Sabha consent in all cases of land acquisition, mining leases, and rehabilitations.
- Committee noted that lack of harmonisation between PESA and other laws (forests, land, mining) leads to administrative confusion.
- Committee recommended establishing dedicated PESA cells at state, district, and block levels with adequate staffing and budgets.
- Committee noted that Odisha is the only state yet to notify PESA Rules, despite drafts being framed in 2023.
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Document details
| Official title | Review of Panchayats Extension to the Scheduled Areas Act, 1996 |
| Source body | Parliamentary Standing Committee reports (via PRS Legislative Research) |
| Reference number | review-of-panchayats-extension-to-the-scheduled-areas-act-1996 |
| Status | closed (committee_report) |
| Year | — |
| Closing date | — |
| Documents | 1 |