No. 23011/32/2010-FRA [Vol.II ]

Government of India

Ministry of Tribal Affairs

                                             Shastri Bhawan, New Delhi

Dated :   20^th July, 2012

Sub:   Inviting objections and suggestions on the draft Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012.

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            The Ministry of Tribal Affairs is the nodal agency for implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, which seeks to recognize and vest the forest rights and occupation in 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. The Act was notified for operation with effect from 31.12.2007  (Annexure-I ).  The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 for implementing the provisions of the Act were also notified on 1.1.2008 (Annexure-II) .

2.         The Ministry has observed that even after lapse of more than 4 years of the implementation of the Act, the flow of intended benefits of this welfare legislation to the eligible forest dwellers has remained constrained and several problems were impeding the implementation of the Act in its letter and spirit.  The Ministry had accordingly undertaken an exercise to arrive at certain provisions/ steps for facilitating a robust implementation of the Act.  The Ministry has already issued certain guidelines in this regard on 12.7.2012, for compliance by the State Governments/ UT Administrations a copy of which is available on the Ministry’s website (www.tribal.nic.in)

3.         The Ministry is also proposing to make some amendments in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 to (i) lay down a procedure for identification or hamlets or settlements and process of consolidation of their lists, (ii) increase the mandatory tribal membership of Forest Rights Committees from the present one-thirds to two-thirds, (iii) reduce the present requirement of quorum of two-thirds in the gram sabha meetings to one-half, (iv) clarify that the term ‘sustenance’ includes fulfilment of livelihood needs of self and family, including the sale of any produce, (v) 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, (vi)  lay down process for recognition of rights, including community rights, (vii) insert new Claim Forms for Rights to Community Forest Resource and Title Form for Community Forest Resources etc.   A copy of the draft Rules titled “The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012, have been published in the Gazette of India, Extraordinary, Part II - Section 3 - Sub-section (i), dated 19.7.2012 in this regard (copy at  Annexure-III 

4.         Any objections and suggestion in connection with the said draft “The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012” may be forwarded at the following address, either through e-mail or by Post, by 19^th August, 2012, positively for consideration by the Central Government:

Under Secretary (FRA),

Room No.416, B-Wing,

4^th Floor, Shastri Bhawan,

New Delhi-110001

E-mail address:                asit.gopal [at] nic.in

                                           asit. kumar [at] nic.in