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Indigenous/Tribal Issues

India: Amendments (Draft) of Forest Rights Act

Source: http://tribal.nic.in/index2.asp?sublinkid=1169&langid=1

Draft: SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (Recognition of Forest Rights) Amendments Rules 2012: NEW
No. 23011/32/2010-FRA [Vol.II ]
Government of India
Ministry of Tribal Affairs
Shastri Bhawan, New Delhi
Dated : 20th July, 2012

Sub: Inviting objections and suggestions on the draft Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012.
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The Ministry of Tribal Affairs is the nodal agency for implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which seeks to recognize and vest 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. The Act was notified for operation with effect from 31.12.2007 (Annexure-I ). The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 for implementing the provisions of the Act were also notified on 1.1.2008 (Annexure-II) .

2. The Ministry has observed that even after lapse of more than 4 years of the implementation of the Act, the flow of intended benefits of this welfare legislation to the eligible forest dwellers has remained constrained and several problems were impeding the implementation of the Act in its letter and spirit. The Ministry had accordingly undertaken an exercise to arrive at certain provisions/ steps for facilitating a robust implementation of the Act. The Ministry has already issued certain guidelines in this regard on 12.7.2012, for compliance by the State Governments/ UT Administrations a copy of which is available on the Ministry’s website (www.tribal.nic.in)

3. The Ministry is also proposing to make some amendments in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 to (i) lay down a procedure for identification or hamlets or settlements and process of consolidation of their lists, (ii) increase the mandatory tribal membership of Forest Rights Committees from the present one-thirds to two-thirds, (iii) reduce the present requirement of quorum of two-thirds in the gram sabha meetings to one-half, (iv) clarify that the term ‘sustenance’ includes fulfilment of livelihood needs of self and family, including the sale of any produce, (v) allow transportation of minor forest produce within and outside forest area through ‘locally appropriate means of transport for use of such produce or sale by forest rights holders or their cooperatives/federations for livelihood, (vi) lay down process for recognition of rights, including community rights, (vii) insert new Claim Forms for Rights to Community Forest Resource and Title Form for Community Forest Resources etc. A copy of the draft Rules titled “The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012, have been published in the Gazette of India, Extraordinary, Part II – Section 3 – Sub-section (i), dated 19.7.2012 in this regard (copy at Annexure-III

4. Any objections and suggestion in connection with the said draft “The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012” may be forwarded at the following address, either through e-mail or by Post, by 19th August, 2012, positively for consideration by the Central Government:
Under Secretary (FRA),
Room No.416, B-Wing,
4th Floor, Shastri Bhawan,
New Delhi-110001
E-mail address: asit.gopal [at] nic.in
asit. kumar [at] nic.in

 

 

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Intercultural Resources is a forum for research and political intervention on issues related to the impacts and alternatives to destructive development. Our effort draws upon the social, cultural, material and intellectual resources that have been generated in the course of dialogues between people of different cultures on questions of social justice, development and self-rule. We are of the view that dialogue can sustain plurality and open possibilities for recovery of the ground lost on account of inter-cultural alienation, which is manifest in a variety of forms of violence that we encounter everyday at different levels of social life. Intercultural Resources is based in Delhi, India. Email: ihpindia@gmail.com

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