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IMPLEMENTATION OF THE SCHEDULED TRIBES AND OTHER TRADITIONALFOREST DWELLERS RECOGNITION OF FOREST RIGHTS ACT, 2006

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IMPLEMENTATION OF THE SCHEDULED TRIBES AND OTHER TRADITIONALFOREST DWELLERS RECOGNITION OF FOREST RIGHTS ACT, 2006

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    1. IMPLEMENTATION OF THE SCHEDULED TRIBES AND OTHER TRADITIONALFOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 MINISTRY OF ENVIRONMENT& FORESTS

    2. APPLICABILITY& IMPLEMENTATION Whole country except J&K RF, PF, NP and Sanctuaries Effective on 1st January, 2008 Nodal Agency for the implementation is MOTA The main implementing agencies are State/UT Governments in the spirit of Preamble of the Act. Responsibility of MoEF to notify Critical wildlife Habitat

    3. Preamble To recognize and vest forest rights and occupation in forest dwelling ST and OTFD Who have been residing in such forests for generations But whose rights could not be adequately recognized in the consolidation of State Forests during colonial period as well as in independent India Responsibility and authority for sustainable use ,conservation of biodiversity and maintenance of ecological balance

    4. Salient Features The cut off date for the recognition of Forest Rights is 13.12.2005. This Act is applicable for Tribal and Other Traditional Forest Dwelling Communities. The maximum limit of the recognizing rights on forest land is 4 ha. National Parks and Sanctuaries have been included along with Reserve Forest, Protected Forests for the recognition of Rights. The rights conferred under this Act shall be free from FC (Act), 1980, requirement of paying NPV and Compensatory Afforestation

    5. Salient Features Right to protect ,regenerate or conserve or manage any Community Forest Resource Delineation of Critical Wildlife Habitat for the purpose of creating inviolate areas for wildlife conservation The Gram Sabha will initiate the process of recognizing the rights which will be reviewed by Sub-Divisional Level Committee and finally accepted by District Level Committee. The decision of the district level committee will be the final. Mandatory clearance under FC Act for infrastructural activities

    6. INTERPRETATION AND UNDERSTANDING OF KEY DEFINITIONS/PROVISIONS

    7. People/community eligible for the recognition of rights FOREST DWELLING SCHEDULED TRIBE: Members or community of Scheduled Tribes who primarily reside in and who depend on forests or forest land for bonafide livelihood needs including ST Pastoralist Communities.(2-C) OTHER TRADITIONAL FOREST DWELLERS: Any member or Community who has at least for three generations prior to 13.12.05 primarily reside in and who depend on the forests or forest land for bonafide livelihood needs (2-o). (Generation means a period of 25 years)

    8. Right to protect ,regenerate or conserve or manage any Community Forest Resource Community Forest Resource means customary forest land within the traditional or customary boundaries of the village or seasonal use of landscape in case of pastoral communities , including RF,PF and Protected Areas as Sanctuaries and National Parks to which community had traditional access.GS will decide the extent of CFR.(2-a) The FD has JFM institution for involving people in the conservation and protection of forests with benefit sharing on the principle of care and share. Views are solicited on the development of an institution at the community level to facilitate the exercise of their right to protect, regenerate or conserve CFR.

    9. SUSTAINABLE USE As defined in BDA : Use of biological resource in such manner and at such rate that does not lead to the long term decline of biological resource thereby maintaining its potential to meet needs and aspiration of present and future generations. (2-n) Capacity building of the community for sustainable harvest of Minor Forest Produce which is key for their livelihood. Views are solicited how the concept of sustainable use could be maintained as defined in the Act ?

    10. Orientation of DFO, ACF , RFO and Frontline Staff DFO and ACF/RFO are member of DLCs and SDLCs which are key for the recognition of rights. DFOs/ACFs/RFOs should have the common interpretation of the various definitions and provisions of the Act. FD needs to take proactive initiative for building capacity of the respective forest officials that would facilitate the implementation of the Act in the spirit of its Preamble.

    11. CRITICAL WILDLIFE HABITAT Critical Wildlife Habitat means such areas of NP and sanctuaries where it has been specifically and clearly established , case by case , on the basis of scientific and objective criteria , that such areas are required to be kept as inviolate for the purpose of wildlife conservation as may be determined and notified by the central government in MOEF after open process of consultation by an expert Committee ,which includes experts from the locality appointed by that government wherein representative of MOTA shall also be included , in determining such area according to procedural requirement arising from sub section (1) and (2) of section 4. (2-b)

    12. Determination of Critical Wildlife Habitats As per the provisions of Section 2 of the Scheduled Tribes & Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2007, Critical Wildlife Habitats are to be identified in the Protected Areas of the country. The Ministry has communicated the tentative time frame for completion of such delineation by September 2008.

    13. Determination of Critical Wildlife Habitats The Ministry has circulated guidelines for the identification/delineation of Critical Wildlife Habitats. The Guidelines circulated by the Ministry also envisages the constitution of State as well as Central level committees for identification of Critical Wildlife Habitats The Secretary (E&F) has written a D.O. Letter to the Chief Secretaries of all States/UTs for the constitution of State Level Committees for identification of Critical Wildlife Habitats.

    14. Determination of Critical Wildlife Habitats The Ministry has also nominated its representative to the State Level Committees and also nominated nodal officers to oversee the progress. The State Governments are requested to take immediate measures for identifying critical wildlife habitats within their respective states within the stipulated time frame.

    15. Thank You

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