IMPLEMENTATION OF THE SCHEDULED TRIBES AND OTHER TRADITIONALFOREST DWELLERS RECOGNITION OF FOREST RI

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IMPLEMENTATION OF THE SCHEDULED TRIBES AND
OTHER TRADITIONALFOREST DWELLERS (RECOGNITION OF
FOREST RIGHTS) ACT, 2006 MINISTRY OF
ENVIRONMENT FORESTS
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APPLICABILITY IMPLEMENTATION

• Whole country except JK
• RF, PF, NP and Sanctuaries
• Effective on 1st January, 2008
• Nodal Agency for the implementation is MOTA
• The main implementing agencies are State/UT
  Governments in the spirit of Preamble of the Act.
• Responsibility of MoEF to notify Critical
  wildlife Habitat

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Preamble

• To recognize and vest forest rights and
  occupation in forest dwelling ST and OTFD
• Who have been residing in such forests for
  generations
• But whose rights could not be adequately
  recognized in the consolidation of State Forests
  during colonial period as well as in independent
  India
• Responsibility and authority for sustainable use
  ,conservation of biodiversity and maintenance of
  ecological balance

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Salient Features

• The cut off date for the recognition of Forest
  Rights is 13.12.2005.
• This Act is applicable for Tribal and Other
  Traditional Forest Dwelling Communities.
• The maximum limit of the recognizing rights on
  forest land is 4 ha.
• National Parks and Sanctuaries have been included
  along with Reserve Forest, Protected Forests for
  the recognition of Rights.
• The rights conferred under this Act shall be free
  from FC (Act), 1980, requirement of paying NPV
  and Compensatory Afforestation

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Salient Features

• Right to protect ,regenerate or conserve or
  manage any Community Forest Resource
• Delineation of Critical Wildlife Habitat for the
  purpose of creating inviolate areas for wildlife
  conservation
• The Gram Sabha will initiate the process of
  recognizing the rights which will be reviewed by
  Sub-Divisional Level Committee and finally
  accepted by District Level Committee. The
  decision of the district level committee will be
  the final.
• Mandatory clearance under FC Act for
  infrastructural activities

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INTERPRETATION AND UNDERSTANDING OF KEY
DEFINITIONS/PROVISIONS
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People/community eligible for the recognition of
rights

• FOREST DWELLING SCHEDULED TRIBE Members or
  community of Scheduled Tribes who primarily
  reside in and who depend on forests or forest
  land for bonafide livelihood needs including ST
  Pastoralist Communities.(2-C)
• OTHER TRADITIONAL FOREST DWELLERS Any member or
  Community who has at least for three generations
  prior to 13.12.05 primarily reside in and who
  depend on the forests or forest land for bonafide
  livelihood needs (2-o). (Generation means a
  period of 25 years)

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Right to protect ,regenerate or conserve or
manage any Community Forest Resource

• Community Forest Resource means customary forest
  land within the traditional or customary
  boundaries of the village or seasonal use of
  landscape in case of pastoral communities ,
  including RF,PF and Protected Areas as
  Sanctuaries and National Parks to which community
  had traditional access.GS will decide the extent
  of CFR.(2-a)
• The FD has JFM institution for involving people
  in the conservation and protection of forests
  with benefit sharing on the principle of care and
  share.
• Views are solicited on the development of an
  institution at the community level to facilitate
  the exercise of their right to protect,
  regenerate or conserve CFR.

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SUSTAINABLE USE

• As defined in BDA Use of biological resource in
  such manner and at such rate that does not lead
  to the long term decline of biological resource
  thereby maintaining its potential to meet needs
  and aspiration of present and future generations.
  (2-n)
• Capacity building of the community for
  sustainable harvest of Minor Forest Produce which
  is key for their livelihood.
• Views are solicited how the concept of
  sustainable use could be maintained as defined in
  the Act ?

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Orientation of DFO, ACF , RFO and Frontline Staff

• DFO and ACF/RFO are member of DLCs and SDLCs
  which are key for the recognition of rights.
• DFOs/ACFs/RFOs should have the common
  interpretation of the various definitions and
  provisions of the Act.
• FD needs to take proactive initiative for
  building capacity of the respective forest
  officials that would facilitate the
  implementation of the Act in the spirit of its
  Preamble.

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CRITICAL WILDLIFE HABITAT

• Critical Wildlife Habitat means such areas of
  NP and sanctuaries where it has been specifically
  and clearly established , case by case , on the
  basis of scientific and objective criteria , that
  such areas are required to be kept as inviolate
  for the purpose of wildlife conservation as may
  be determined and notified by the central
  government in MOEF after open process of
  consultation by an expert Committee ,which
  includes experts from the locality appointed by
  that government wherein representative of MOTA
  shall also be included , in determining such area
  according to procedural requirement arising from
  sub section (1) and (2) of section 4. (2-b)

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Determination of Critical Wildlife Habitats

• As per the provisions of Section 2 of the
  Scheduled Tribes Other Traditional Forest
  Dwellers (Recognition of Forest Rights) Act,
  2007, Critical Wildlife Habitats are to be
  identified in the Protected Areas of the country.
  
• The Ministry has communicated the tentative time
  frame for completion of such delineation by
  September 2008.

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Determination of Critical Wildlife Habitats

• The Ministry has circulated guidelines for the
  identification/delineation of Critical Wildlife
  Habitats.
• The Guidelines circulated by the Ministry also
  envisages the constitution of State as well as
  Central level committees for identification of
  Critical Wildlife Habitats
• The Secretary (EF) has written a D.O. Letter to
  the Chief Secretaries of all States/UTs for the
  constitution of State Level Committees for
  identification of Critical Wildlife Habitats.

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Determination of Critical Wildlife Habitats

• The Ministry has also nominated its
  representative to the State Level Committees and
  also nominated nodal officers to oversee the
  progress.
• The State Governments are requested to take
  immediate measures for identifying critical
  wildlife habitats within their respective states
  within the stipulated time frame.

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Thank You