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Recognition of Forest Rights Act-2006
The Act also provides for diversion of forest land for public utility facilities managed by the government, such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks, etc.
To address the adverse living conditions of many tribal families living in forests on account of non-recognition and vesting of pre-existing rights, a landmark legislation viz. Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, has been enacted to recognise and vest the forest rights and occupation of forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers, who have been residing in such forests for generations, but whose rights could not be recorded.
This Act not only recognises the rights to hold and live in the forest land under the individual or common occupation for habitation or for self-cultivation for livelihood, but also grants several other rights to ensure their control over forest resources which, inter-alia, include right of ownership, access to collect, use and dispose of minor forest produce, community rights such as nistar; habitat rights for primitive tribal groups and pre-agricultural communities; right to protect, regenerate or conserve or manage any community forest resource which they have been traditionally protecting and conserving for sustainable use.
The Act also provides for diversion of forest land for public utility facilities managed by the government, such as schools, dispensaries, fair price shops, electricity and telecommunication lines, water tanks, etc. with the recommendation of Gram Sabhas. Under Section 3(1)(h) of the Act, the rights of settlement and conversion of all forest villages, old habitations, un-surveyed villages and other villages in forest, whether recorded, notified, or not, into revenue villages have been recognised as one of the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands.
As per the provisions of the Act and the rules framed thereunder, the forest right related to conversion of forest villages into revenue villages is to be adjudicated by the Gram Sabha, Sub-Divisional Level Committee and the District Level Committee. The Ministry of Tribal Affairs issued guidelines on 8.11.2013, inter-alia, impressing upon all the State/ UT Governments to convert all such erstwhile forest villages, un-recorded settlements and old habitations into revenue villages with a sense of urgency in a time bound manner. The conversion would include the actual land use of the village in its entirety, including land required for current or future community uses, like, schools, health facilities, public spaces etc.
