24th July, 2008Forests Rights Acts1 Right to Forest WRSSF Capacity Building Fr. James Mascarenhas...

24th July, 2008 Forests Rights Acts 1

Right to Forest

WRSSF Capacity Building

Fr. James Mascarenhas s.j.24th July, 2008


Forest Rights Act 2006:

Scheduled Tribes and other Traditional Forests Dwellers

(Recognition of Forest Rights) Act 2006

24th July, 2008Forests Rights ActsForests Rights Acts

- Fr. James Mascarenhas s.j.- Fr. James Mascarenhas s.j. 3

Background

For many years tribals encroaching forests lands were considered robbers, intruders, encroachers.



Current Status

Today, the new Act recognizes them as ‘Masters’ and ‘Owners’.



The Reality…

For many years the tribals were not trusted, they were kept away from the forests



The Act…

Today, the new Act even gives them responsibility for taking care of the Forests.


How did this great change come about?



New Forests Rights Act 2006

The new Forests Rights Act was passed in 2006 and came into effect in January 2008.

Why this abnormal delay when normal Acts come into effect within six months?



Who has Rights over Forest and Forests Lands?

1. Tribals2. Traditional Residents of the Forests

(75 years)



Conditions for being recognized as ‘Owners’ of Forests Lands and holders of other rights in the Forests

1. They should be Adivasis2. Permanent residents of the Forests3. Cultivating Forest Land4. The Forest Land must be their main

source of subsistence.5. They must be in possession of Forest

Land on and before 13/12/20056. They must be in possession of Forest

Land on 1/1/2008 – the day the Forest Act came into effect.



Lands given by Govt. on Lease

Tribals become the owners of any land given by the Govt. or any public body on lease or grant, even if they do not have possession of the same.



Rights of Tribals

1. Land to be put in the name of husband and wife.

2. Land can pass on only to heirs, it cannot be sold.

3. Adivasis have a Right to take care of – protect and nurture – Forests.

4. Even houses and lands on which the houses stand to be regularized

5. They are also entitled to many Community Rights



Community Rights

1. Grazing Rights.2. Right to obtain wood for houses and agricultural

implements.3. Firewood.4. Collect minor forests produce like honey,

medicinal plants, tendu leaves5. To hunt small animals like rabbits, which are not

in the prohibited lists. 6. Use of places in forests, traditionally used for

yatras, holy festivals etc.7. Fishing.8. Cemetery.



Other Community Rights

Land should also be granted for schools, dispensaries, electric poles, roads etc.


How much land is sanctioned per family?

Ten Acres per Family.



Procedure for transfer of lands on the name of Adivasis

1. Preparation of maps of fields and house which are in forests land.

a. Mark boundaries of fields and houses with neighbours as witnesses.

b. Measure the length and breath of the land and calculate the area.

c. Prepare a map of the plot and get the signatures of the neigbours as witnesses on the maps.



Procedure for transfer of lands on the name of Adivasis

2. Get all the necessary proofs ready (see guide pg. 14)

3. Fill form A, for the transfer of personal lands and

4. Fill form B, for the transfer of community rights.

5. ‘Jawab’ and ‘Panchnama’ to be submitted along with the form.

6. Submit form to Gram sevak or the Secretary of the village forests rights committee and take an acknowledgement.



Scrutiny of Forms

The forms are scrutinized by three committees.

1. Village Forests Rights Committee.2. Sub-divisional Committee.3. District Committee.



The Village Forests Rights Committee

The Village Forests Rights Committee consists of 10 to 15 members elected at the Gram sabha.

One third of the members must be women.



The Village Forests Rights Committee

The committee has rights to ask any department for documents and proofs needed by the people.

The Committee inspects the actual site, makes verifications and finally presents its recommendations to the Gram sabha.

The Gram sabha then decides whether the application should be approved and sent to the divisional committee or not.



The Sub-Divisional Committee

This committee consists of three government officials and three leaders at the sub-divisional level.

They scrutinize all forms and make their recommendations to the District Committee which finally makes the award.



Appeals

When any application is turned down by a committee, an appeal can be made to the higher level committee.



Problems encountered by people

1. Many have lost court and government proofs regarding their possession.

2. Some people especially in the Village Forests Rights Committee are against them.

3. Many leaders are demanding large sums of money.

4. Many people do not know how to fill their forms.



Care to be taken

1. Fill forms carefully, it may cost you your land.

2. Elect good members of the Forests Rights Committee (FRC).

3. Settle all fights and disagreements at the local level and as soon as possible.



Care to be taken

4. Don’t forget to get and preserve acknowledgements of your applications given.

5. Keep xerox copies of your applications, it may save you a lot of trouble later on.

6. Don’t neglect the filling up of Form B, for Community Forests Rights.



Action Plan

Get copies of the Forests Act and Rules from the Internet

Explain the Act to villagers in simple words.

Make use of videos if available. Train people in filling up forms properly. Organize trainings for social workers and

village animators to help them guide villagers.


Questions…Discussion

Thank You

Date post:	17-Dec-2015
Category:	Documents
Upload:	cecilia-lawson
View:	216 times
Download:	0 times

24th July, 2008Forests Rights Acts1 Right to Forest WRSSF Capacity Building Fr. James Mascarenhas...

Documents