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*Ministry of Tribal Affairs* ** **
State Ministers' meet to review implementation of forest rights Act
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*13:33 IST *
The Centre has convened meeting of Ministers' in charge of Tribal Affairs
in the States to review the implementation of the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of forest Rights) Act. The
Ministry of Tribal Affairs has stressed the need to expedite the preliminary
work for inviting claims for the rights, identify beneficiaries and to
initiate conferring rights. A core group consisting of senior officials of
Ministries of Panchayati Raj, Law & justice and Environment & Forests has
been formed under the chairmanship of Secretary (Tribal Affairs) for taking
a view on queries and references from State Governments to ensure speedy
implementation of the Act.
The States have also been urged to constitute monitoring committees for time
bound action at various level towards the implementation of the Act. They
have also been advised to run awareness campaign in tribal pockets in
regional languages and local dialects about the objectives of the Act and
procedure for submitting claims with the Forest Rights Committees. NIC has
been entrusted the job to prepare a comprehensive web-based information
system for monitoring implementation of the Act at various levels. State
wise information data such as, status of formation of various committees
prescribed in the Act, publication of related information in regional
languages, number of claims received and their status will be displayed on
the website day to day basis.
The meeting will be chaired by Shri P.R. Kyndiah, Minister for Tribal
Affairs. Besides Ministers in charge of Tribal Affairs from the States, the
meeting will be attended by the Ministers and senior officials of the
Ministry of Panchayati Raj, Ministry of Environment and Forest, the Ministry
of Law and Justice and Planning Commission.
*Salient features of the Act*
Ø The Act recognises and vests the forest rights and occupation in
forest land in forest dwelling Scheduled Tribes and other traditional forest
dwellers who have been residing in such forests for generations but whose
rights could not be recorded. This would undo the historical injustice done
to the forest dwelling Scheduled Tribes.
Ø The Act provides for recognition of forest rights of other
traditional forest dwellers provided they have for at least three
generations prior to 13.12.2005 primarily resided in and have depended on
the forest or forest land for bonafide livelihood needs. A "generation" for
this purpose would mean a period comprising of 25 years.
Ø The cut off date for recognition and vesting of forest rights under
the Act is 13.12.2005.
Ø The Act provides for the ceiling of occupation of forest land for
purposes of recognition of forest rights to the area under actual occupation
and in no case exceeding an area of four hectares.
Ø The Act provides for conferring rights in the National Parks and
Sanctuaries also, renamed as 'critical wildlife habitat' on regular basis.
Ø The Act provides for the right to hold and live in the forest land
under the individual or common occupation for habitation or for self
cultivation for livelihood by a member or members of a forest dwelling
Scheduled Tribe or other traditional forest dwellers.
Ø The Act recognises the right of ownership access to collect, use,
and dispose of minor forest produce which has been traditionally collected
within or outside village boundaries. The Act has defined the term "minor
forest produce" to include all non-timber forest produce of plant origin,
including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax,
lac, tendu or kendu leaves, medicinal plants and herbs, roots, tubers and
the like.
Ø The Act recognises the right to* in situ *rehabilitation including
alternative land in cases where the Scheduled Tribes and other traditional
forest dwellers have been illegally evicted or displaced from forest land of
any description without receiving their legal entitlement to rehabilitation
prior to 13.12.2005.
Ø The Act provides for the forest right relating to Government
providing for diversion of forest land for the purpose of schools,
hospitals, anganwadis, drinking water supply and water pipelines, roads,
electric and telecommunication lines, etc.
Ø The rights conferred under the Act shall be heritable but not
alienable or transferable and shall be registered jointly in the name of
both the spouses in the case of married persons and in the name of the
single head, in the case of a household headed by a single person and in the
absence of a direct heir, the heritable right shall pass on to the next of
kin.
Ø The Act provides that no member of a forest dwelling Scheduled Tribe
or other traditional forest dwellers shall be evicted or removed from forest
land under his occupation till the recognition and verification procedure is
completed.
Ø As per the Act, the Gram Sabha has been designated as the competent
authority for initiating the process of determining the nature and extent of
individual or community forest rights or both that may be given to the
forest dwelling Scheduled Tribes and other traditional forest dwellers.
The benefits that will accrue from the Act**
Ø The Act results in recognition of forest rights of forest dwelling
scheduled tribes and other traditional forest dwellers over the forest land
under their occupation and their habitat for self-cultivation of the land
for their livelihood.
Ø They will have access to, use or dispose of, minor forest produce
Ø They will not face the threat of eviction or removal from forest
land under their occupation.
Ø They will be entitled to the benefits of various schemes of the
Government after vesting of the clear cut title of land in their favour.
Ø Since the Gram Sabhas have been designated as the competent
authority for initiating the process of determining the nature and extent of
individual or community forest rights that may be given to the scheduled
tribes and other traditional forest dwellers, this would empower the local
communities in management of their natural resources in tune with the
provisions of the PESA Act, 1996.
Ø The recognition and vesting of forest rights in the forest dwelling
scheduled tribes and other traditional forest dwellers also includes the
responsibility of protection, conservation and regeneration of wild life,
forests and biodiversity.
Ø The Act envisages registration of the title of the forest land
jointly in the name of both the spouses, where married, and in the case of
single person headed households, in the name of the single head. This would
also benefit the women dwelling in the forests.
* **http://pib.nic.in/release/release.asp?relid=39769*
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<http://pib.nic.in/release/release.asp?relid=39769>
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