Transcript Issues, Challenges and Way foreword for proper

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)
• FR ACT 2006 & RULE 2007
Scheduled Tribes and Other Traditional
Forest Dwellers (Recognition of Forest
Rights) Act
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
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
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
TIME LINE OF FOREST RIGHTS ACT
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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
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.
legal
SUMMARY OF RIGHTS
BENEFICIARIES:
o
o
ST Residing & Occupying Before 30.12.2005
Other Traditional Forest Dwellers Residing
Occupying for 3 Generations.
and
RIGHTS/ENTITLEMENT:
o
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o
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.
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.)
TRIBAL RIGHTS UNDER FRA 2006
Rights of settlement /conversion of all forest villages, old habitation, unsurveyed 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.
States’ Initiatives
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
INITIATIVES
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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
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)
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STATUS OF FR IMPLEMENTATION
(As on 13.08.2010)
INDIVIDUAL CLAIMS:
•
Total Individual Claims Received:
4,29,220
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Total Claims Approved by FRC:
3,87,800
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Total Claims Approved by Gram Sabha:
3,14,407
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Total Claims Approved by SDLC:
2,25,490
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Total Claims Approved by DLC:
2,16,235
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Total Titles Distributed:
2,02,266
COMMUNITY RIGHTS:
•
Total Claims Received:
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Total Claims Approved by DLC:
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Total Titles Distributed:
• TOTAL PTGs CLAIMS APPROVED BY DLC:
14,554
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BACKDROP OF PESA ACT
I.
On the recommendations of the Bhuria Committee Report;
PESA Act (Central Act) came into force w.e.f. 24. Dec. 1996.
II. 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.
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.
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
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.
Major Rights Given by Central PESA
I.
Gram Sabha to safeguard and preserve the traditions and customs of
the people, their cultural identity, community resources through
Gram Sabha.
II.
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.
III. * 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.
Orissa State Compliance of Central PESA
I.
* Gram Sabha to safeguard and preserve the traditions and customs
of the people, their cultural identity, community resources through
Gram Sabha.
II.
* 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 .
III. * 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.
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.
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
Thanks