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Salient Features of Fra

Salient Features of Fra

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Published by Dipika Goyal

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Published by: Dipika Goyal on Jul 22, 2011
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SALIENT FEATURES OF FRA The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act

Dipika Goyal Jitender Ahlawat

Genesis of the Act µHi t ri i j ti ¶ t f impr p r ttl m t d ri t tr rded pr ‡ To recogni e and vest such rights hich ere earlier not recorded. ‡ Insecurity of tenure and access to forest resources ‡ A need for framework to record such rights including nature of ‡ Addr .

‡ Make right holders responsible and empowered for sustainable use.PREAMBLE ‡ Recognise and vest the right to occupy forest land in Ts and OTFDs. . ‡ Framework for recording forest rights and nature of evidence required to ascertain these rights. Unique Indian Evidence Act not applicable here.

SALIENT FEATURES OF FRA ‡ Section 2 Description of the forest land for which rights are recognised Unclassified Reserved Undemarcated Existing or deemed Sanctuaries National Parks Protected Critical wildlife habitats defined in this act to be kept inviolated .

Section 3 ² Nature of Rights Right to habitation in the forest land Cultivation for livelihood Community Rights Right of ownership of MFP including collection and disposal ‡ Traditional and seasonal community rights. ‡ ‡ ‡ ‡ Implementation of Act free from NPV and Compensatory Afforestation mentioned under FCA. 1980 .

The logic behind fixing this figure at 4 hectares is debatable and unknown ? .Section 4 ² Extent of Rights ‡ Rights restricted to actual area under occupation ‡ Not to exceed four hectares in any case.

Forest.Section 6 ² Structure ‡ Gram abha empowered to pass a resolution to determine nature and extent of individual and community rights. Tribal Affairs and from all three tiers of . ‡ Gram Division Supreme Body Sub abha ± Committees ± First Appelate Body Division Level Committees ± Second Level and Final Arbiter STATE LEVEL MONITORING COMMITTEE members from Representative Departments of Revenue.

1000/‡ Unique act in which no imprisonment has been provided for Section 8 ‡ No court can take cognizance of any offence under this act without giving a 5 day notice to State Level Monitoring Committee .Section 7 & 8 .Punishment ‡ Violators of this Act ± Fine upto Rs.

voter identity cards. ‡ Even statement of elderly persons ‡ Extremely liberal on evidence to . ration cards. etc. forest records. census certificates. Reports.Rule 11 ‡ Procedure for filing. determining and verification of a claim by Gram Sabha Rule 13 Nature of Evidence ‡ Government Records. maps.

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