National Commission for Women

Nation wide Program for

Generating Awareness about
Legal Rights of Women
Resource Person
Professor & Lawyer. Puttu Guru Prasad
M.Com. M.B.A., L.L.B., M.Phil. PGDFTM, APSET. ICFAI
TMF, (PhD) at JNTU Kakinada
Senior faculty for Management studies, VVIT.
93 94 96 98 98, 9885 96 36 36
puttuvvit@gmail.com
 Recognition of Forest dwelling STs and OTFD
whose rights could not be recognized during
consolidation of state forests
Those who are residing primarily in forests and
have dependence on forests for their bona fide
livelihood
Along with responsibility of conservation of
biological resource
Rights (Occupation and Habitation)
 Tenurial Security to live and cultivate

Tenurial security to the Community based Forest Governance

Tenurial security to access to forest produce

The Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006, is a
key piece of forest legislation passed in India on 18
December 2006. It has also been called the Forest
Rights Act, the Tribal Rights Act, the Tribal Bill, and
the Tribal Land Act.
The law concerns the rights of forest-dwelling communities to
land and other resources, denied to them over decades as a
result of the continuance of colonial forest laws in India.
 ST and OTFD who had occupied
forest land before the 13th day of
December, 2005
They were in occupation of such
land on the date of commencement
of the Act, i.e., 31.12.2007
Three generation for OTFD before
13th December2005
 MFP (Minor Forest Product) gatherers may be
organized through formation of
cooperatives/federations or producer
companies to enhance bargaining power vis--
vis MFP buyers.
Abolition of monopoly of State Agencies in the
trade of nationalized MFPs will in fact
strengthen institutions engaged in trade of
MFPs and making them more competitive and
this will reduce exploitation of the rights
holders under the watchful eye of the State.
Section 3(1)(c) of FRA confers ownership rights
over MFP)to forest dwelling STs and OTFD. Can
ownership rights over Tendu/Kendu, Bamboo
which are nationalised forest produce under the
State forest laws be conferred under FRA?
Ans: YES
Section 2(i) of FRA clearly defines the term
minor forest produce which include bamboo
and tendu/kendu
 The conversion of the forest villages into revenue
villages shall in no way affect any of the
communities residing in the village, even though
they may not be belonging to Scheduled Tribe or
qualifying as OTFD.
FRA does not abrogate rights or privileges
recognized under any other Act, Rule or
Government Order. In fact, the conversion of forest
villages into revenue villages would enable the
Government to extend all the development
facilities to these villages and the residents of this
village would be entitled to get the benefits of the
development programmes and schemes of the
Government.
 No permission is needed under FCA, since the
Forest Rights Act frees the rights of all
encumbrances and procedural requirement of the
Forest Conservation Act through Section 4(7).
However such conditions must fulfill the
conditions under Section 3(2) of the Act namely
diversion of less than one hectare, cutting of not
more than seventy five trees, recommendation of
the Gram Sabha and limited to the thirteen items
listed under Section 3(2) of the Act.
Procedure for diversion of forest land under
Section 3(2) of FRA has been laid down by the
Ministry of Tribal Affairs vide Annexure to letter
No- 23011/15/2008-SG.II, dated- May 18, 2009.
 GS is responsible for ensuring fair access to right
holders who have rights under the Community
Forest Rights and provide reasonable access for
meeting needs of other members of Gram Sabha
as well as those of external right holders such as
nomads.
GS is primarily responsible for ensuring
sustainable use of forest produce including
Minor Forest Produce.
GS is authorized to make rules regarding use,
harvesting, protection and regeneration of CFR.
 CFRMC office bearers are vested with powers to
prevent forest offences and penalize violators.
GS generate revenue and receive and spend grants
for its forest related activities.
GS should be encouraged to prepare Community
Forest Management Plans with a technical support
of State Forest Department.
GS has the option of merging CFRMC with
Biodiversity Management Committee, or any other
natural resource-related committee existing in the
village.
National Commission for Women
Nation wide Program for
Generating Awareness about
Legal Rights of Women

Resource Person
Professor & Lawyer. Puttu Guru Prasad
M.Com. M.B.A., L.L.B., M.Phil. PGDFTM, APSET. ICFAI
TMF, (PhD) at JNTU Kakinada
Senior faculty for Management studies, VVIT.
93 94 96 98 98, 9885 96 36 36