The Scheduled Tribes and Other

Traditional Forest Dwellers

(Recognition of Forest Rights)
Act,2006

What is the Forest Rights Act?

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This Act recognizes forest

dwellers rights and makes
conservation more accountable.

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Three Categories
Land Rights
Use Rights
Right to protect and
Conserve

Land Rights

No one gets rights to any land that they

have not been cultivating or using the
land for other allied agricultural activities
prior to December 13, 2005 .
13, 2005 ,

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Land Rights

Those who are cultivating land or having

a grazing land but don't have document
can claim up to 4 hectares, as long as
they are cultivating the land themselves
for a livelihood and using the land for
agriculture allied works.
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Land Rights

Those who have a Patta or a

government lease, but whose land has
been illegally taken by the Forest
Department or whose land is the
subject of a dispute between Forest
and Revenue Departments, can claim
those lands.
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Use Rights
Minor forest produce things like
tendu leaf, herbs, medicinal
plants, etc. that has been
traditionally collected .
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Use Rights
1. Grazing grounds and water bodies .
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2.Traditional areas of use by

nomadic or pastoralist communities
i.e. communities that move with
their herds, as opposed to
practicing settled agriculture.
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Right to protect and Conserve

1.This law also gives the

community the right to protect and
manage the forest.

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2.Section. 5 gives the community a
general power to protect wildlife,
forests.
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Recognition of Rights

Three step procedure : : -

1.

The Gram Sabha makes a

recommendation.
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2. The Gram Sabha's

recommendation goes through two
stages of screening committees at
the Taluk and District levels.

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3.The District Level Committee makes

the final decision land recognized under
this Act cannot be sold or transferred.
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Services of this Act

(a) Schools

(b) Dispensary or hospital

(c) Anganwadis

(d) Fair price shops

 (e) Electric and telecommunication lines;

(f) Tanks and other minor water bodies;

(g) Drinking water supply and water
pipelines;

(h) Water or rain water harvesting
structures;

 (i)

Minor irrigation canals

(j) Non-conventional source of energy

(k) Skill upgradation or vocational
training centers

(l) Roads

(m) Community centers

Duties of Right Holders

1. Protect the wild life, forest and biodiversity.
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2. Ensure that adjoining catchments area,
water sources and other ecological sensitive
areas adequately protected.
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3.Ensure that the habitat of forest dwelling Scheduled

Tribes and other traditional forest dwellers is
preserved from any form of destructive practices
affecting their cultural and natural heritage.

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4.Ensure that the decisions taken in the Gram Sabha
to regulate access to community forest resources and
stop any activity which adversely affects the wild
animals, forest and the biodiversity are complied
with.

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Penalties & Offences

1.Punished with fine which may
extend to one thousand rupees.

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2.No suit, prosecution or other legal

proceeding shall lie against any
officer or other employee of the
Central Government or the State
Government for anything which is in
good faith done or intended to be
done under this Act.
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Amendments Suggested

1.Lay down a procedure for identification
or hamlets or settlements and process of
consolidation of their lists.

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2.Increase the mandatory tribal
membership of Forest Rights Committees
from the present one-thirds to twothirds.

 3.Reduce the present requirement of

quorum of two-thirds in the Gram Sabha
meetings to one-half.

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4.Clarify that the term sustenance
includes fulfillment of livelihood needs
of self and family, including the sale of
any produce.
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5.Allow transportation of minor forest

produce within and outside forest area
through locally appropriate means of
transport for use of such produce or sale
by forest rights holders or their
cooperatives/federations for livelihood.


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 6.Lay down process for recognition of

rights, including community rights.

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7.Insert new Claim Forms for Rights to
Community Forest Resource and Title
Form for Community Forest Resources.

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Birolal Jamatia