BHUBANESWAR: Panchayati Raj minister Rabi Narayan Naik on Thursday informed that the state government is in the final stage of preparation to implement the long-pending provisions of the Panchayats (Extension to Scheduled Areas) Act (PESA), 1996, and a proposal is likely to be placed before the next state cabinet meeting for approval.
The minister said extensive consultations have already been completed with 41 government departments, tribal community leaders, NGOs and members of the public before finalising the framework for implementation. “The department has also made a detailed presentation before the Tribal Advisory Committee (TAC),” he added.
Enacted by the Union government in 1996, the PESA Act extends provisions of self-governance to tribal communities residing in scheduled areas. The legislation empowers gram sabhas with significant authority over local governance, natural resources, cultural preservation and development planning.
Despite the law being in force for nearly three decades, Odisha had not operationalised its provisions so far, even as several other states including Andhra Pradesh, Chhattisgarh, Gujarat, Maharashtra, Madhya Pradesh, Rajasthan and Telangana have already framed PESA Rules.
Official sources said though the state amended its Panchayati Raj laws shortly after 1996, the specific “PESA Rules” required for operationalising the Act have been delayed for years, with a draft published only recently in 2023.
They attributed the delay to the perceived reluctance to fully empower gram sabhas regarding management of minor forest produce, land acquisition and natural resources, thereby limiting the powers to revenue boundaries rather than the full cultural community area.
“Inconsistencies between PESA and other state or central laws regarding land acquisition and forest management, such as with the Forest Rights Act (FRA), create legal hurdles,” the sources added.
One of the most significant provisions under the Act mandates consultation and consent of gram sabhas before land acquisition, rehabilitation or displacement in tribal regions. The legislation also seeks to legally protect the traditional rights of tribal communities over jal, jungle and zameen (water, forests and land).
With 22.8 per cent of the state’s population being tribals, the implementation of PESA is expected to directly benefit lakhs of tribal families living in 2,022 gram panchayats spanning across 117 blocks in nine tribal-dominated districts of the state.
