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Implementation of PESA: Issues, Challenges and way Forwards

Author Affiliations

  • 1 Rural Development Institute (Landesa) 95/S, Block – E, New Alipore, Kolkata–700 053, West Bengal, INDIA

Int. Res. J. Social Sci., Volume 4, Issue (12), Pages 49-54, December,14 (2015)

Abstract

The Provision of the Panchayat (Extension to the Scheduled Areas) Act, 1996 popularly known as PESA was enacted to bring the Scheduled Areas in nine States of the country under the purview of national framework of Panchayat. This Act was framed in conformity with traditional tribal self-rule by entrusting extraordinary power to Gram Sabha which is not laid down in the national framework of Panchayati Raj Institutions (PRIs). Ministry of Panchayati Raj (MoPR) has commissioned certain studies, made recommendations to other Ministries and State Government for amendments in certain subject laws which are in conflict with the Act, issued circulars and guideline to frame model rule and so on. Almost two decades have passed after enactment of this most powerful Act. Governments of the concerned States have made very little progress to implement this central Act in letter and spirit. This paper depicts the background for enactment of this Act, analyses the provisions and challenges thereof to implement those provisions, efforts made by the central government to accelerate the implementation process of the concerned state governments, progress made by the state governments so far and suggests for certain steps to implement the Act in time bound manner. Secondary source of data has been used for analysis of the progress. This paper will be helpful to those who are interested in the areas of Panchayat as well as local governance and tribal development.

References

  1. The Gazette of India, The Provision of Panchayat (Extension to Scheduled Areas) Act, 1996; Act 40, 24 December 1996 (1996)
  2. Article 244 (1) and (2) described in the Fifth Schedule of the Constitution of India (1996)
  3. Ministry of Panchayati Raj, Government of India, Report of the B.D. Sharma Sub-Committee (2006)
  4. Ministry of Panchayati Raj, Government of India, B.N. Yugandhar Committee Report (2003)
  5. Ministry of Panchayati Raj, Government of India, Annual Report 2009-10, 2010-11 and State of Panchayati Raj Report, 2006-07, 2007-08 (2010)