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FOREST RIGHTS ACT 2006 AND PESA ACT 1996 ( With Special Reference to Rights of Tribals)

FOREST RIGHTS ACT 2006 AND PESA ACT 1996 ( With Special Reference to Rights of Tribals). Prof. (Dr) A.B.Ota, IAS Director SC and ST Research and Training Institute Bhubaneswar, Orissa. THE TWO TRIBAL FRIENDLY ACTS. PESA ACT 1996 (Provisions of Panchayat Extension to Scheduled Areas Act)

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FOREST RIGHTS ACT 2006 AND PESA ACT 1996 ( With Special Reference to Rights of Tribals)

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  1. FOREST RIGHTS ACT 2006 AND PESA ACT 1996(With Special Reference to Rights of Tribals) Prof. (Dr) A.B.Ota, IAS Director SC and ST Research and Training Institute Bhubaneswar, Orissa

  2. THE TWO TRIBAL FRIENDLY ACTS PESA ACT 1996 (Provisions of Panchayat Extension to Scheduled Areas Act) FR ACT 2006 & RULE 2007 Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act

  3. KEY OBJECTIVES • PESA ACT 1996 • Devolution of Power to PRI Institutions at Grass Root Levels • Empowerment to Tribal People • Enhancement of living condition and Ensuring Poverty alleviation of the Tribals

  4. KEY OBJECTIVES • FOREST RIGHTS ACT 2006 & RULES 2007 • Recognition of Customary Land Rights of Tribals and Other Traditional Forest Dwellers • Ascertaining/Settlement of Individual and Customary Land Rights • Enhancement of living condition and Ensuring Poverty alleviation of the Tribals

  5. FOREST AREA IN ORISSA Recorded forest area: 37.34 % of Total Geographical Area Forest cover: 31.38% of Total Geographical Area 2 National Parks, 2 Tiger Reserves, 1 Biosphere Reserve and 18 Wildlife Sanctuaries covering an area of 0.8 million ha, 5.11 % of GA

  6. Dependence on forests 1/3rd of States’ population depends on MFP Provides food security 4 to 6 months Contributes 20 to 50 percent to their annual income Backbone for women Villages having forest as land use: 29,302 out of 46,989 villages 1,779,953 ha (31%) of forest area with a population of 15,934,768. (FSI 1999)

  7. TIME LINE OF FOREST RIGHTS ACT 5th February 2004: GOI formulated a Policy recognizing the rights of the tribal population on forest land and circulated to the State Governments to give legal recognition. 13th Feb 2005: ST Recognition of Forest Rights Bill 2005 Tabled in Parliament and Bill referred to JPC 29th July 2005: Orissa TAC recommended adoption of the Bill 23rd May 2006: JPC Presented the recommendation 15th Dec. 2006: Bill Passed in Lok Sabha 18th Dec. 2006: Bill Passed in Rajya Sabha 2nd January 2007: FRA Notified in Gazette 19th June 2007: Draft Rules sent by GOI to different quarters for comments within 45 days period 1st January 2008: Rules Issued by GOI June 2008: Interim Stay order of Orissa High Court in WP Aug 2009: Stay of the High Court lifted.

  8. SUMMARY OF RIGHTS BENEFICIARIES: • ST Residing & Occupying Before 30.12.2005 • Other Traditional Forest Dwellers Residing and Occupying for 3 Generations. RIGHTS/ENTITLEMENT: • Individual Rights (Upto 4 Hect. Or 10 Acrs of Land) • Community Rights (Water Bodies/Fishing/MFP Collection/grazing/Nomads/PTG habitat/Forest Village to Change the Nomenclature to Revenue Village) • Rights to Ensure conservation of Forest and Wild Life/Indigenous Traditional Technology.

  9. TRIBAL RIGHTS UNDER FRA 2006 Right to hold and live in the forestland under the individual or common occupation for habitation or for self, cultivation for livelihood. Community rights. Rights of ownership, access to collect, use and dispose of minor forest produce which has been traditionally collected within or outside the village boundaries. (Also in PESA) Community rights of uses or entitlements such as fish and other products of water bodies, grazing land and traditional seasonal resource access of nomadic and pastoralist communities. (Also in PESA) Community tenures of habitat and habitations for PTGs and pre-agricultural communities. Rights for conversion of pattas or lease or grants issued by any local authority or any State Government on forestlands to titles. (cont.)

  10. TRIBAL RIGHTS UNDER FRA 2006 Rights of settlement /conversion of all forest villages, old habitation, un-surveyed and other villages in the forest whether recorded, notified or not into revenue villages. Right to protect, regenerate or conserve or manage any community forest resource which tribals protect and conserve for sustainable use. Rights which are recognized under any state law or laws of any autonomous district council or are accepted as rights under any traditional or customary law of the concerned tribes of any state. (Also in PESA as underlined) Right of access to biodiversity and community right to intellectual property and traditional knowledge related to biodiversity and cultural diversity. Any other traditional right customarily enjoyed by the forest dwelling STs or other traditional forest dwellers which are not under the clauses a to k but excluding the rights of hunting or trapping or extracting a part of the body of any species of wild animal. Right to in-situ rehabilitation including alternative land in cases where the STs and other traditional forest dwellers have been illegally displaced form forestland.

  11. States’ Initiatives

  12. INITIATIVES • Constituted mandatory bodies as required under the law • FRCs (47810) • SDLCs • DLCs (30) • Translation of Act and Rule (Oriya and 10 tribal languages) • Simplified guidelines Issued to all quarters • Awareness Camps for both implementing authorities and FRCs • Involvement of Civil Societies, Forums, Research Institutions, Academicians, experts in the implementation process

  13. INITIATIVES • Forest Deptt. has dropped 9,000 pending forest offence cases • Permission to collectors for appointment of 10 RIs and Amins and Data Entry Operators • Regular coordination among STSC Dev Deptt, F&E Deptt, Revenue Deptt & Panchayatiraj Dept. have been made • Close Fortnightly Monitoring at State Level through Video Conferencing • Production of Small Documentary Film on Forest Right Act in regional and tribal language and its display through Gram Sat/Door Darshan • Phone-in-Programme in both T.V and Radio on the Act and its provisions

  14. INITIATIVES (Contd) • Printing of Compendium of all Circulars and Act and Rules in English and Oriya Language • Squad approach for wider coverage of tribal people • Training to the PTG Tribal Youths from all the 17 Micro Projects by creating at least 50 Tribal Youth Ambassadors of 13 PTGs • Distributing Free Application Forms among eligible tribal people (both community and individual rights)

  15. STATUS OF FR IMPLEMENTATION (As on 13.08.2010) INDIVIDUAL CLAIMS: Total Individual Claims Received: 4,29,220 Total Claims Approved by FRC: 3,87,800 Total Claims Approved by Gram Sabha: 3,14,407 Total Claims Approved by SDLC: 2,25,490 Total Claims Approved by DLC: 2,16,235 Total Titles Distributed: 2,02,266 COMMUNITY RIGHTS: Total Claims Received: Total Claims Approved by DLC: Total Titles Distributed: TOTAL PTGs CLAIMS APPROVED BY DLC: 14,554 15

  16. BACKDROP OF PESA ACT • On the recommendations of the Bhuria Committee Report; PESA Act (Central Act) came into force w.e.f. 24. Dec. 1996. • Panchayat Samiti Act,1959, Govt. of Orissa modified the Orissa Panchayati Raj Act,1964; and Orissa Zilla Parisad Act 1991 in the light of Central PESA Act and implemented this Act w.e.f 22. Dec.1997. III. State Govt. have amended some existing Act and Rules in consonance with Central PESA and devolved power upon PRIs in respect of functions of Depart.

  17. Minor Forest Produce Panchayati Raj Deptt. Resolution No.8131 dated 26.5.2000 has given the necessary powers to Gram Sabhas based on the Forest & Env. Deptt. Resolution No.5503 dated 31.3.2000. The OGP (Minor Forest Admn. Rules, 2002) has come into the force w.e.f. 15.11.2002. The GP shall have the power to regulate, procurement and trading of MFP whether in Govt. land or forest areas. The PS shall have the power to fix up the minimum price of procurement of different MFPs payable to the primary gatherers.

  18. Minor Minerals The Mines & Minerals (Dev. & Regulation) Act of 1957 (67 of 1957) has been amended on 31.8.04 wherein no prospective license or mining/quarry lease or its renewal or auction of source shall be granted without recommendation of the concerned GP. TRANSFER OF TRIBAL LAND The Orissa Schedule Areas Transfer of Immovable Properties (by STs) Regulation 1956 has been amended by Regulation 1 of 2002 which has come into effect from 4.9.2002. While settling Restored property in favour of non-STs, prior approval of G.P. necessary with concurrence of Gram Sasan

  19. Devolution of Power to PRIs Govt. of Orissa in Panchayati Raj Deptt. has issued circular vide letter No.6886, dated 4.7.2003 containing devolution of Powers to PRIs and to assign definite functions and provide functionaries to PRIs for implementation and execution of functions. Specified functions of 11 Deptts. Like Agriculture, Cooperation, School & Mass Education, Food Supply & C.W., ST&SC Dev., Health & FW, W&CD, F&ARD, RD., P.R., and Water Resources have been devolved upon PRIs along with control of the functionaries.

  20. Major Rights Given by Central PESA • Gram Sabha to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources through Gram Sabha. • Gram Sabha to be consulted before making acquisition of land in the Scheduled Areas for development of projects or before resettling or rehabilitating persons affected by such projects in Scheduled Areas. • * Gram Sabha/Panchayats at the appropriate level for grant of prospecting license or mining lease for minor minerals in the Scheduled Areas and for grant of concession for the exploitation of minor minerals by auction IV. * State Govt.will ensure delegation of powers to Panchayat/GS to claim ownership rights over minor forest produce from village forests and reserve forests, to prevent alienation of land and to restore any land alienated illegally and to ensure management of minor water bodies.

  21. Orissa State Compliance of Central PESA • * Gram Sabha to safeguard and preserve the traditions and customs of the people, their cultural identity, community resources through Gram Sabha. • * Gram Sabha to be consulted by Zillaparishad before making acquisition of land in the Scheduled Areas for development of projects or before resettling or rehabilitating persons affected by such projects . • * Gram Panchayats to recommend for grant of license or mining lease for minor minerals in the Scheduled Areas and for grant of concession for the exploitation of minor minerals by auctions. IV. * State Govt. delegated powers to Grampanchayat the rights to recommend for issue of license for manning/quarry lease, to own & manage 70 items of MFPs , to prevent alienation of land and to restore any land alienated illegally and delegate powers to Zillaparishad to ensure management of minor water bodies.

  22. Operational Issues/Conflict • The process of customary rights, especially right of community tenure over habitat of PTG is to be shorted out • The process of right settlement of Nomadic and Pastoral communities is to be shorted out • Similarly the Rights of Displaced Communities have not been addressed yet under Forest Rights Act • Conversion of forest and unsurveyed villages into revenue villages are to be addressed.

  23. LEGAL CONFLICTS • Cases filed against the forest rights act are pending in the Hon’ble SUPREME COURT of India • The Orissa Case is also referred to the Supreme Court for consolidated hearing

  24. Thanks

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