Forest Rights Act 2006

Key Initiatives, Issues and Action Plan

Regional Workshop on Forest Rights Act

21st and 22nd September , 2012

(STATUS IN ODISHA)

Odisha at a Glance

• Total GA of the State: 155707 sq. kms

• Recorded Forest Area: 58135.5 sq. kms (37.34%)

• Forest Cover: 48903 sq kms (31.41%)

• Scheduled Area: Constitutes 46% of Total Geographical Area

• 22.13% of State’s population of 3.68 Crores (2001) is ST

30 Districts 58 Sub- Divisions 314 CD Blocks 5259 GPs 46989 villages

Forest Rights Act’ 2006

• The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 notified on 02 January, 2007.

• Rules’2008 notified on 1st January, 2008

• Amendment Rules’2012 on 6th Sept’2012

Envisaged as under the law

Recognition of Forest Rights

Convergence of various developmental programs and schemes

Sustainable management of CFR

areas

(Contd)

Constitution of Empowered Bodies

• The process of implementation started with constituting the empowered bodies as per

the requirement under the law

(End)

FACILTATING PROCESSES INITIATED

• SLMC, DLCs and SDLCs constituted on 1st February 2008 as prescribed under the Forest Rights Act, 2006 & Rule 2007

– One State Level Monitoring Committee

– 30 District Level Committees

– 58 Sub-Divisional Level Committee

Constitution of Empowered Bodies

These committees reconstituted in view of recent Panchayat elections & change of members of TAC

(Contd)

In Context of Odisha: Gram Sabha is at the level of Grama which comprises of many villages whereas at the village level, it is Palli Sabha

Constitution of Empowered Bodies: FRC

In order to translate the spirit of the Act, Government of Odisha recognised “Palli Sabha” as “Gram Sabha” for the purpose of this Act.

(Contd)

Till end of August, 2012, a total of 47,389 FRCs have been constituted out of 46989 surveyed villages

Besides, all forest villages, habitations or settlements located inside the forest land and unsurveyed villages have been declared as “Gram Sabha” and circulars issued for constitution of FRCs in such “Gram Sabhas” (a total of 589 habitations, with 1.99 lakh population of which ST constitutes 92%)

(end)

Widening the Definition of Forest Land

Definition of Forest Land under Forest Rights Act, 2006

• Section 2 (d) of the Act: “land of any description falling within any forest area and includes unclassified forests, un-demarcated forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National Park”

As per the DefinitionCategories of Forest Land

Reserved Forests

Demarcated Protected Forests

Un-Demarcated Protected Forests

Protected Forests

Unclassified Forests

Sanctuaries

National Parks

Tiger Reserves

Land Recorded as Forest Kisam in Revenue Records

(Contd)

Widening the term to include other descriptions…….

(end)

Appeal against DECISIONS

• Section 6(2) and 6(4) of the Act mentions about appeal against the decision

Accordingly guidelines issued make it obligatory that the extract of the relevant portions of the proceedings/ recommendations of the GS, SDLC or DLC must be available to the concerned Gram Panchayat Secretary for information of the claimant

Assistance to Gram Sabha/ FRC

Section 6(1) of the Act details out the authorities and procedure for determining the nature and extent of Forest Rights besides Rules 4(3), 6(b) and 12(4) providing for necessary assistance, records, information to Gram Sabha/ FRCs by the authorities in the State Supply of EVIDENCES

Initiatives have been

taken to supply

secondary evidences to

the Gram Sabhas/SDLC

for speedy disposal of

claims

(Contd)

Support Squad: Constituted at Block Level to provide required support to the Gram Sabha/ FRC during determination of nature and extent of Rights

•Co-ordinated by WEO•Forester/Forest Guard•Revenue Inspector•Amin (Retd. & on job)•Sarapanch & Secretary of concerned Panchayat•FRC members of concerned Gram Sabha

(end)

Sensitization on various provisions of the Law

Through organizing orientation cum training

programs

For DLC and SDLC members

For ITDA & Micro-Project Officers

FNGOs, NGOs, FRC, PRI & SHG members

Special Training Programs for PVTGs YOUTHS

(Contd)

Through translating the

Act & Rule in Odia as

well as Tribal

Languages. Process

Materials, Guidelines

also developed & given.

Forest Rights Act and Rule also translated in tribal languages (end)

Hoardings at GP Office

Awareness

Tracking & Monitoring

• Review of the implementation

• Clarification over issues related to implementation

• Cross learning of innovative ideas & processes adopted by various districts/ officers

More than 60 facilitative circulars issued

Addressing the issue of Non-availability of circulars & GOs

• E-governance process also adopted for quicker despatching of orders/ circulars/ information

• Compendium of Circulars, Orders and guidelines issued by both State and Central Government has been prepared and widely circulated in order to proper implementation of the law

(End)

Achievements(STATUS AS ON 31st AUGUST’2012)

Status of Claims Received, Approved & Rejected

• Till end of August 2012,– Total of 531549 claims have been received by Gram Sabha

– Total of 317346 claims have been approved by DLC, over an area of 513617.24 acres (3.57% to Total State Forest Area)

Individual Forest Rights

• Till end of August 2012,– Total of 134758 claims have been rejected, which is 25.39%

to total claim received (GS-54%, SDLC-45%, DLC-1%)

(Contd)

Status on Distribution of Titles

• Till end of August 2012– A total of 304660 titles have been distributed over

an area of 493378 acres

(Contd)

Status of Claims Received, Approved & Rejected

• Till end of August 2012,– A total of 5355 Community Forest Rights claims have been

received by Gram Sabha, out of which 948 claims have been approved by DLC, over an area of 76071.64 acres

Community Forest Rights

• Till end of August 2012,– A total of 611 Community Forest Rights claims have been

rejected, which is 11.41% (GS-76% & SDLC-24%)

(Contd)

Odisha in National Scenario

ODISHA Stands Number ONE amongst the Tribal Populated States in terms of receipt and approval of claims

As on 31st July 2012

(End)

INNOVATIONS

Moving towards Livelihood and Social Security

Till end of August 2012, a total of 1,14,397 right holders benefited through convergence with various on going programs and schemes,

which is 36% to Total Claim Approved so far

CONVERGENCE

(Contd)

1. Decision to drop all forest encroachment cases against the tribals to whom land titles have been given under FRA

Community Resource Persons are being engaged in TSP areas to facilitate land to landless.

To settle claims of tribals living in non-forest Govt as per Odisha Prevention of Land Encroachment Act or/and Odisha Government Land Settlement Act.

   

27(End)

ACTION PLANFOR

IMPLEMENTATION OF FRA

(In view of Amendments)

Composition of FRC has been changed with at least two third members now belonging to STs (earlier, it was only one-third)

This amendment requires revisiting most of the FRCs as process  of  settlement  of  Forest  Rights  is  yet  to  be completed within the corresponding villages

(Contd)

Other major amendments include•Quorum of Gram Sabha to be not less than half of all the members of such GS (earlier, it was two-thirds)

•Specific formats provided for processing of Community Forest Resource rights and Committees to be constituted for protection of Forest/ Biodiversity are required to prepare a conservation & management plan for such resource

•Detail process prescribed for recognition of Rights including Community rights besides consolidation of Hamlets/ settlements

Very few community claims including right to protection, regeneration & conservation/ management of CFR are given so far

(end)

•Creation of awareness among the Govt functionaries

•Printing of required prescribed forms including translation of amended provisions in Odia & few tribal languages as well

•Awareness generation & wide publicity among all the stakeholders

ACTION PLAN FOR IMPLEMENTATION

(Contd)

•Frequent meetings of SLMC, DLCs, SDLCs & GSs to deliberate on the amended provisions in facilitating the process of implementation

•Holding of Palli Sabhas to revisit the FRCs to ensure revised composition

•Facilitating the process for early grant of community forest rights including community forest resource right for its protection, regeneration & management

(Contd)

•Constitution of Committee by GS for protection of wildlife, forest & biodiversity

•Preparation of conservation & management plan for community forest resources

•Inter departmental Plan for Convergence of different developmental programs and schemes for the benefit of forest right holders including CFR area

(End)

Issues On

Forest Rights (Amendment) Rules 2012

Amendment Rules, 2012 Key Concerns

2A. IDENTIFICATION OF HAMLETS OR SETTLEMENTS AND PROCESS OF THEIR CONSOLIDATION

12B(5) The conversion of forest villages, unrecorded settlements-----shall include the actual land use-----including lands required for current or future uses

Whether in these new villages with Revenue village status , the current/ future uses to be restricted to one hectare each only as provided U/S 3(2) of the Act

(Contd)

Amendment Rules, 2012 Key Concerns

4(1)(f) monitor and control the committee constituted under clause (e) which shall prepare a conservation and management plan for community forest resources in order to sustainably and equitably manage such community forest resources for the benefit of forest dwelling Scheduled Tribes and other Traditional Forest Dwellers and integrate such conservation and management plan with the micro plans or working plans or management plans of the forest department with such modifications as may be considered necessary by the committee.

• How the Conservation and management plan prepared by the Committee/ Gram sabha will be integrated with the Management Plan/ Working Plan of the Forest Department if it is not in harmony with approved prescriptions

(Contd)

Amendment Rules, 2012 Key Concerns

2(1)(d) “disposal of minor forest produce” under clause (c) of sub-section (1) of section 3 shall include right to sell as well as individual or collective processing, storage, value addition, transportation within and outside forest area through appropriate means of transport for use of such produce or sale by gatherers or their cooperatives or associations or federations for livelihood;

Clarity in appropriate means of transportation

Issuance of Transit Permit by the committee or the person authorized by the Gram Sabha

Can any Gram Sabha issue TP without preparation of conservation and management plan/ who will prepare the format for TP?

(End)

SPECIFIC ISSUES/OPERATIONAL CHALLENGES

F&E Dept. has prepared draft guide lines for facilitating determination of community rights over forest and management of community forest resources in JFM areas under the FRA provisions.

39

JFM Committees Vs Community Forest Resource Rights

Over  11,000  JFM  Committees  as  per State Policy are protecting the assigned forest areas of over 25,00,000 Acres of forest  land  and  provided  with  many duties/ responsibilities besides rights

Bush Cutting(Feb – March)

Collection of KL (April – May)

Processing of KL

Hand over to OFDC by OKLO

Sell of KL by OFDC

Submission of Proposal for KL working capital

by OKLO

Working Capital provided to DFO’s by

OFDC

• KL Trade is nationalised in the State Elimination of private traders Proper price to the primary

pluckers Value addition & Quality

Control

Entire process gets over in 6 to 8 months

MFP under FRA vis-a vis State Control of KL

PROCESS

(Contd)

• Nearly 7 lakhs pluckers get benefited • About 4 lakhs quintal value added KL

produced yearly• KL collected through over 7600 collection

centres• Total Sale proceed is about 300 crores

Magnitude of collection & trade

Deregulation may actually result in cartelization by the buyers besides affecting scientific processing of such a huge quantum of KL. Hence, instead, entire net profit can be transferred to the pluckers/ binders/ GS (end)

• Thanks

MFP under FRA vis-a vis Bamboo harvesting

Bamboo forest needs supervision & scientific harvesting methods for its maintenance (improper  harvesting practices may lead to loss of bamboo forest for ever)

As such, JFMCs having bamboo forest within their assigned areas have been given 100% rights over the bamboo harvested from such areas (such  committees can be considered to be the right holders of CFRs under FRA)

Few species of bamboo have already been exempted from the purview of TT permit

Forest land diversion Issues: Whether after vesting  of forest rights of STs/OTFDs on a particular forest area, the same can be  diverted  for  non-forest  use  for development project?

•FRA can not be implemented in Municipal Areas

(END)

THANKSTHANKS