PESA Rules & Guidelines (Select State for State Specific Details) PESA Rules & Guidelines (Select State for State Specific Details)

Guidelines by the Ministry of Panchayati Raj

 Guidelines by the Ministry of Panchayati Raj

 

It was expected that PESA would lead to self-governance and empowerment of people in Fifth Schedule Areas. However, the implementation of PESA has not been to the desired levels.  Fifth Schedule Areas continue to remain under poverty, illiteracy, weak infrastructure and poor governance. Many Fifth Schedule districts are also affected by extremism. Weak implementation by States have been a concern of the Ministry of Panchayati Raj. The Ministry has issued various guidelines to the States for  effective implementation in time-bound manner.

Most comprehensive guidelines on implementation of PESA  were issued on 21st May 2010. The  guidelines included advice to the States to:

  • Adopt Model PESA Rules.
  • Amend State Panchayati Raj Acts in  consonance with the provisions of PESA.
  • Amend laws, rules, executive instructions on mines & minerals, minor forest produce, excise, money lending, etc.
  • Empower Gram Sabha and follow guidelines on Gram Sabha issued on 2nd October, 2009. Activate Gram Sabha in mission mode.
  • Conduct regular trainings of Panchayat Functionaries (ERs & Staff) on PESA.
  • Constitute an inter-departmental committee headed by the Chief Secretary to review implementation of PESA.
  • Activate Tribes Advisory Councils and Tribal Research Institutes.
  • Strengthen administrative machinery in Fifth Schedule Areas.
  • Mandate State Election Commissions to delimit ‘’Villages’’.
  • Incorporate definition of minor forest produce, as given in Forest Rights Act, 2006, in all laws and rules.

 

 Guidelines issued by the MoPR for effective implementation of PESA dated 21st May, 2010 can be accessed here