Secretary, Ministry of Panchayati Raj Shri Vivek Bharadwaj will inaugurate the Regional Conference tomorrow at Yashwantrao Chavan Academy of Development Administration (YASHADA) at Pune, Maharashtra. The Ministry of Panchayati Raj is organizing this “Two-Day Regional Conference on Strengthening of the Panchayats (Extension to Scheduled Areas) Act, 1996” (PESA Act, 1996) during 11^th – 12^th January, 2024.

The conference will commence with an 'Inaugural Session' in the presence of Shri Vivek Bharadwaj, Additional Secretary, Dr. Chandra Shekhar Kumar, Joint Secretary, Smt. Mamta Varma, Principal Secretary, Rural Development & Panchayati Raj Department, Government of Maharashtra Shri Eknath Dawale.

Following the Inaugural Session, three Technical Sessions on the themes of ‘Effectiveness of Gram Sabhas in PESA Areas, including their role in Ease of Living in these areas,’ ‘Minor Forest Produce & Minor Minerals in PESA Areas,’ and ‘Role of Non-Government Stakeholders in strengthening the implementation of PESA’ have been scheduled for Day 1, where States will make brief presentations on the respective themes. On the second day, three Technical Sessions on the themes of ‘Land Laws and Money Lending Laws in PESA Areas,’ ‘Augmentation of Own Source Revenue (OSR) of PESA Panchayats’ and ‘Enforcement of excise-related provisions in PESA areas’ are planned.

As part of Ministry of Panchayati Raj’s ongoing efforts to promote and accelerate the effective adoption and implementation of the Panchayats (Extension to Scheduled Areas) Act 1996 (PESA), the Regional Workshop will serve as a platform for sharing insights, experiences and way forward in the effective implementation of the Act. It will feature engaging discussions, presentations, and well-designed Technical Sessions with experts from the field, Civil Society Organizations (CSOs), and representatives from the five participating States viz. Maharashtra, Madhya Pradesh, Gujarat, Rajasthan, and Himachal Pradesh.

The Regional Conference will be the first of the two Regional Conferences designed and conceptualized by the Ministry of Panchayati Raj for PESA States. Discussions with the remaining five States under the PESA Act will take place during a separate Conference scheduled for February 2024.

This Two-Day Regional Conference aims to evaluate the progress of States in the implementation of PESA and foster a shared outlook on its impact at the grassroots level. The following issues will also be discussed during the PESA Regional Workshop: (i) Impact assessment on implementation of PESA Act and comparison of PESA vs. non-PESA areas in the same district for understating the role of PESA Act in development of tribal communities of the country, (ii) States to explore the possibility to utilise high resolution Geo Spatial information (Watershed, Forest cover, land topology etc.) made available by the National Remote Sensing Centre of PESA & non PESA areas for effective planning at the Gram Panchayat level, (iii) Holding of effective Gram Sabha meeting in PESA areas and mobilisation/enhancing of OSR in PESA areas, (iv) To empower and earmark the Schedule Areas/tribal communities to become leaders of SDGs. (v) Building spirit of community participation in PESA areas and enhancing adoption of technology to facilitate them to become self-reliant, and (vi) Issues arising out of the information received from the PESA States in the format.

Director General, YASHADA, Shri S. Chockalingam, DDG, YASHADA & Director, Dr. Mallinath Kalshetti,  State Institute for Rural Development (SIRD) and representatives from the Ministry of Tribal Affairs, the National Institute of Rural Development and Panchayati Raj (NIRD&PR) and State Institutes of Rural Development & Panchayati Raj (SIRD&PRs) will also be present in the event. Senior officers from the State Departments of Panchayati Raj, along with elected representatives of Panchayati Raj Institutions from the five participating States viz. Maharashtra, Madhya Pradesh, Gujarat, Rajasthan and Himachal Pradesh are expected to participate in the Conference. Additionally, several Civil Society Organizations (CSOs), NGOs working towards the empowerment of Scheduled Tribes have been invited to the Conference.

Background

To bring the people residing in Fifth Schedule Areas in the mainstream, the Parliament, in terms of Article 243M(4)(b) of the Constitution, has enacted “the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996” (PESA) to extend Part IX of the Constitution, relating to Panchayats, to the Fifth Schedule areas, with certain modifications and exceptions. States, having Fifth Schedule Areas, have been empowered to make Panchayat Laws for these areas.

Under “The Provisions of the Panchayats (Extension to the Scheduled Areas), Act 1996” (PESA), State Legislatures have been empowered to frame all laws concerning the extension of the provisions of Part IX of the Constitution relating to the Panchayats in Fifth Scheduled Areas, subject to such exceptions and modifications as are provided in section 4 of the Act.

PESA is an Act to provide for the extension of the provisions of Part IX of the Constitution relating to the Panchayats to the Scheduled Areas. In terms of section 2 of this Act, “Scheduled Areas” means the Scheduled Areas as referred to in clause (1) of article 244 of the Constitution. Presently, 10 States viz. Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Madhya Pradesh, Maharashtra, Odisha, Rajasthan and Telangana, have Fifth Schedule Areas in their respective States. Out of the ten PESA States, eight States namely; Andhra Pradesh, Chhattisgarh, Gujarat, Himachal Pradesh, Maharashtra, Madhya Pradesh, Rajasthan and Telangana have framed and notified their State PESA Rules under their respective State Panchayati Raj Acts. Two States (Jharkhand & Odisha) have also framed their draft PESA Rules but they have not notified these Rules.

To celebrate 75 years of progressive India and commemorate 25^th year of enactment of the Panchayats (Extension to Scheduled Areas) Act, 1996 (PESA), the Ministry of Panchayati Raj in collaboration with Ministry of Tribal Affairs and National Institute of Rural Development and Panchayati Raj, had organized a one-day National Conference on the Panchayats (Extension to Scheduled Areas) Act 1996 (PESA) as a part of Azadi Ka Amrit Mahotsav on 18^th November 2021 at Vigyan Bhavan, New Delhi. This one-day National Conference was organized by the Ministry of Panchayati Raj to commemorate 25^th year of promulgation of the PESA Act, with an objective to evaluate the progress of States in implementation of PESA as well as fostering a shared outlook on its impact at the grassroots level. This National Conference not only marked the 25^th year enactment of PESA in the country, it also laid down a way forward to address the challenges and gaps in effective implementation of PESA in Scheduled Areas.

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