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    Forest rights in india

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    Forest rights in india

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
    11 views9 pages

    Forest Rights1

    Uploaded by

    ee_rahulyadav
    Forest rights in india

    Copyright:

    © All Rights Reserved
    Download as PDF or read online from Scribd
    Flag for inappropriate content
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    feed S w_ceouovo 7200608 REGISTERED NO. DL—)4/00072006—08 The Gazette of Gudia EXTRAORDINARY wr wey PART II —Seetion 1 safer 8 wari PUBLISHED BY AUTHORITY #2 74 Reeeh, Horan, erat 2, 2007 1 12, 1928 No. 2) ‘NEW DELHI, TUESDAY, JANUARY 2,2007//PAUSA 12, 1928 own fea ye dent we ted fe wearer deen Sea we Separate paging is yiven to this Partin order that it may be filed as x separate compilation, MINISTRY OFLAW AND JUSTICE (Legislative Department) New Deli, the 2nd January, 2007/Pausa V2, 1928 (Saka) The following Act of Parliament received the assent of the President on ‘he 29th December, 2006, and is hereby published for general information: — ‘THE SCHEDULED TRIBES AND OTHER TRADITIONALFOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 No.20"2007 [291i December, 2006} ‘An Act to recognise 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; to provide for a framework for recording the forest rights so ‘vested and the nature of evidence required for such recognition and vesting, inzespect of forestland. ‘Wersas the recognised rights ofthe forest dwelling Scheduled Tribes and other al forest dwellers include the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security ofthe forest dwelling Scheduled Tribes nd other traditional forest dwellers; Aso wots the forest rights on ancestral lands and ther habitat werent adequately recognised in the consolidation of State forests during the colonial period as well asin independent India resaltng in historical injustice tothe forest dwelling Scheduled Tribes, ‘and other traditional forest dwellers who are integral tothe very survival and sustainability of the forest econystem;, tradi Avo wanes it has become necessary to addres the long standing insecurity of tenuril and acces rights of forest dwelling Scheduled Tribes and other tational forest dwellers including those who were forced to relocate ther dwelling deo State development ‘Betenactedby Parliament inthe Fify-severth Year ofthe Republi of Indias follows — CHAPTER Preaunany Stor vile ond 1, (i) This Act may be called the Scheduled Tribes and Other Traditional Forest SRERENL Dwellers (Recognition of Forest Rights) Act, 2006, (2) extends to the whole of Indi except the State of Jammu and Kashi, {9)itshallcome nto fre on such date asthe Cenzal Goverament ay by noifition inthe Official Gazette appoint Dis. 2. In this Ac unless the content otherwise requires — (a) “commaniy foros resource” means estar) common forest fnd within the tdiional or eaxiomary boundaries ofthe village or seasonal ue of landscape inthe case of pastoral communities, including reserved fore, protested forests an protected areas such as Sancuaris and Nationa Parks o which the cormunty had adtonal acces, (6) "crcl willie habitat” means such areas of National Parks and Soctaris vere ith ben speiicaly and clearly established, cae by case on the basi of scienlcané objective exter, that such areas are required to be kept as involle for the purposes of wildlife conservation as may be determine end roid bythe Cental Government inthe Ministry of Environment snd Foess ater open process ‘of consltation by ah Expert Commitee, which includes expects fom te localiy appointed by that Goverment wherein a representative of the Ministry of Tribal ‘Als shal also be ince, in determining such areas according tothe procedural requirements aiing from sub-setons () and (2) of selon 4; (c) "forest celing Sched Ties means the members or commun of tie Shedd Tribes who primal tse in and who depend onthe forests of forest lands for Bona fe livelihood needs and includes the Schedaled Tribe pasorls ‘commutes (ch forest and” means land of any description fling within any fret area sd includes unsasiied forests, undemarcted forests, existing o dered Forest, protected forests, reserved forests, Sanctuaries and National Parks; (6) “forest rights" means the foes ight refered to in section 3; (forest villages” means the sctements which have been esablised inside the forests by the forest departnent of any State Goverament fr forestry opecations or whish were convere ito forest villages trough the fret reservation process and incldes forest setlemet villages, fined demand bogs al types of tung sefilemens, by whatever name calle, fr sich villages and includes lands for culivaton and eer uses permite by the Governnes, (@) “Gram Sabha” means a village asembly which shal consis ofall adult, embers of a ilage and in case of States baving no Paoshayas, Pads, Tos and oer taiiooal village institions and cased village eammitcs, with full and unrestricted participation of wore; (8) "habia" includes the area comprising the customary tabtat an such ther babi in reserved frets and proved forests of primitive tba groups and p= ‘gricultural communis and other fret welling Scheduled Tribes, ("ino fret prose includes all ontimber res produce of plant origin, including bamboo, brush wood, stumps, cae, uss, coc00ns, honey, wa, la, ey or kend eaves, medical plants and hers, 0, tuber and the ike Set] [THE GAZETTE OF INDIA EXTRAORDINARY. SSS ) "nodal agency" means the nodal agency specified in section 11; (2) “etfcation” mean notification published in the Official Geet; (© "preseribes" means prescribed by rules made unde his Ac; {) "Scheduled Areas” means the Scheduled Areas referred wo in elause ()) of Antcle 244 ofthe Censttution, () “sustainable se” shall have the sae meaning as assigned to itn clause ‘Wotatis, (0) of section 2 of the Biological Divesty Act, 2002, (6) "other tedtional forest dweller" means any member or community who tas frat eas tne generation pre ote 13th day of December, 2003 primarily ‘resided in and who depend on the forest or forss land for bona fide Ielinood needs. ‘planation For the purpose of this clause, "generation" means a petiod comprising of teny-five years, (9) *ilege” means — (a village referred to in claus () of section 4 ofthe Provisions ofthe ei ‘Panchayats (Extension to the Scheduled Areas) Act, 1996; or (an) acarefored tas village in ay Sate law relating to Panchayats ‘ter than the Scheduled Areas: or (i forest ilages, od habitation or setlements and unsarveyed villages, ‘Whether notified as village ono; or (Ge) in the case of Sues where there are ao Panchayats, the tional village, by whatever name cle; (4) wild animal” meacs any species of animal speciticd in Schedules Ito LV Sorte of the Wild Life (Protection) Act, 1972 and found wild in nature, CHAPTER Foussr Rigs 3. (1) For the purposes ofthis Ac, the following rights, which secure individual or community tenure or bot, shall be the forest rights of forest dwelling Scheduled Tribes and othe traditional rest dwellers on all frst ands, namely - (6) right o old and live in the forestland nde te dividual or common ‘ecupaton fr habitation or for slf-culivation for iveliived byamensber cr members ‘ofa forest dwelling Scheduled Tribe or other radiional forest elem, (6) comunity rights such as ita by whatever name called, ncdng those ‘sod in erstwhile Princely States, Zamindari or such intermediary regimes, (tight ofewnersip, accesso collect, use, and dispose af minor fret produce hich hasbeen traditionally collect within or ouside Vilage boundaries, (ch ste community rights of seo enidemens such a fsh and other products cof water bodies, grazing (bt seid or wanshumant and treditiona seasonal resource ‘:cess oF nomad or pastoralist communities (e) rights inctatng community tenures of habitat and habitation for primitive ‘eibal groups and pre-aricultural communis; Prahts in oc over disputed lands under any nomenclature in my Ste where ‘laims are disputed; (2) rights for conversion of Panas or leases or gras issued by eny local authority or any tate Goveramert on forest lands to tiles, Fest hs of Foe Ong Stel Tate thro Sieve, (i rights of setement and conversion of all forest villages, old habitation, ‘unsurveyed village and other village in forests, whether recorded, notified or not into revenue villages; (ight to protect, regenerate or conserve or manage aay community forest resource which they have been traditionally protecting and conserving fr sustainable () sights which are recognised under any State law or laws of any Autonomous District Council or Autonomous Regional Councilor which are accepted as rights ‘of tribals under any traditional or customary law of the concerned tribes of any State; sight of acess 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 Scheduled Tribes or other treitional forest dwellers, as the case may be, which are ‘not mentioned in clases (a) to (2) but excluding the traditional right of hunting or ‘rapping or extracting a part of the body of any species of wild animal; (m) sight tn sit reebiltation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been ilegally evicted or

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