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Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Complete Act

Title: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

State: Central

Year: 2006

Preamble1 - SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 Chapter 1 Section1 - Short title and commencement Section2 - Definitions Chapter 2 Section3 - Forest rights of Forest dwelling Scheduled Tribes and other tradional forest dwellers Chapter III Section4 - Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers Section5 - Duties of holders of forest rights Chapter IV Section6 - Authorities to vest forest rights in forest dwelling Scheduled Tribes and others traditional forest dwellers and procedure thereof Chapter V Section7 - Offences by members or officers of authorities and Committees under this Act Section8 - Cognizance of offences Chapter VI Section9 - Members of authorities, eetc., to be public servants Section10 - Protection of action taken in good faith Section11 - Nodal agency Section12 - Power of Central Government to issue directions Section13 - Act not in derogation of any other law Section14 - Power to make rules

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Complete Act

State: Central

Year: 2006

.....been established by the concerned agencies of the State Government, in exercise of their powers under the Wild Life (Protection) Act, 1972 that the activities or impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat; (c) the State Government has concluded that other reasonable options, such as, co-existence are not available; (d) a resettlement or alternatives package has been prepared and communicated that provides a secure livelihood for the affected individuals and communities and fulfils the requirements of such affected individuals and communities given in the relevant laws and the policy of the Central Government; (e) the free informed consent of the Gram Sabhas in the areas concerned to the proposed resettlement and to the package has been obtained in writing; (f) no resettlement shall take place until facilities and land allocation at the resettlement location are complete as per the promised package: Provided that the critical wildlife habitats from which rights holders are thus relocated for purposes of wildlife conservation shall not be.....

The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Complete Act

State: Assam

Year: 2006

.....been established by the concerned agencies of the State Government, in exercise of their powers under the Wild Life (Protection) Act, 1972 that the activities or impact of the presence of holders of rights upon wild animals is sufficient to cause irreversible damage and threaten the existence of said species and their habitat; (c) the State Government has concluded that other reasonable options, such as, co-existence are not available; (d) a resettlement or alternatives package has been prepared and communicated that provides a secure livelihood for the affected individuals and communities and fulfils the requirements of such affected individuals and communities given in the relevant laws and the policy of the Central Government; (e) the free informed consent of the Gram Sabhas in the areas concerned to the proposed resettlement and to the package has been obtained in writing; (f) no resettlement shall take place until facilities and land allocation at the resettlement location are complete as per the promised package: Provided that the critical wildlife habitats from which rights holders are thus relocated for purposes of wildlife conservation shall not be .....

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Chapter 2

Title: Forest Rights

State: Central

Year: 2006

.....forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal; (m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005. (2) Notwithstanding anything contained in the Forest (Conservation) Act,1980 (69 of 1980), the Central Government shall provide for diversion of forest land for the following facilities managed by the Government which involve felling of trees not exceeding seventy-five trees per hectare, nemely:-- (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or.....

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Section 3

Title: Forestrights of Forest Dwelling Scheduled Tribes and Other Tradional Forest Dwellers

State: Central

Year: 2006

.....forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but excluding the traditional right of hunting or trapping or extracting a part of the body of any species of wild animal; (m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes and other traditional forest dwellers have been illegally evicted or displaced from forest land of any description without receiving their legal entitlement to rehabilitation prior to the 13th day of December, 2005. (2) Notwithstanding anything contained in the Forest (Conservation) Act,1980 (69 of 1980), the Central Government shall provide for diversion of forest land for the following facilities managed by the Government which involve felling of trees not exceeding seventy-five trees per hectare, nemely:-- (a) schools; (b) dispensary or hospital; (c) anganwadis; (d) fair price shops; (e) electric and telecommunication lines; (f) tanks and other minor water bodies; (g) drinking water supply and water pipelines; (h) water or rain water harvesting structures; (i) minor irrigation canals; (j) non-conventional source of energy; (k) skill upgradation or.....

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Chapter 1

Title: Preliminary

State: Central

Year: 2006

.....agency specified in section 11; (k) "notification" means a notification published in the Official Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "Scheduled Areas" means the Scheduled Areas referred to in clause (1) of article 244 of the Constitution; (n) "sustainable use" shall have the same meaning as assigned to it in clause (o) of section 2 of the Biological Diversity Act, 2002 (18 of 2003); (o) "other traditional forest dweller" means any member or community who has for at least three generations prior to the 13th day of December, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs. Explanation.-- For the purpose of this clause, "generation" means a period comprising of twenty-five years; (p) "village" means-- (i) a village referred to in clause (b) of section 4 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996; or (ii) any area referred to as a village in any State law relating to Panchayats other than the Scheduled Areas; or (iii) forest villages, old habitation or settlements and unsurveyed villages, whether notified as village or not; or .....

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Chapter III

Title: Recognition, Restoration and Vesting of Forest Rights and Related Matters

State: Central

Year: 2006

.....procedure is complete. (6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares. (7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980 (69 of 1980), requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act. (8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition. Section 5 - Duties of holders of.....

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Section 2

Title: Definitions

State: Central

Year: 2006

.....agency specified in section 11; (k) "notification" means a notification published in the Official Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "Scheduled Areas" means the Scheduled Areas referred to in clause (1) of article 244 of the Constitution; (n) "sustainable use" shall have the same meaning as assigned to it in clause (o) of section 2 of the Biological Diversity Act, 2002 (18 of 2003); (o) "other traditional forest dweller" means any member or community who has for at least three generations prior to the 13th day of December, 2005 primarily resided in and who depend on the forest or forests land for bona fide livelihood needs. Explanation.-- For the purpose of this clause, "generation" means a period comprising of twenty-five years; (p) "village" means-- (i) a village referred to in clause (b) of section 4 of the Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996; or (ii) any area referred to as a village in any State law relating to Panchayats other than the Scheduled Areas; or (iii) forest villages, old habitation or settlements and unsurveyed villages, whether notified as village or not; or .....

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Section 4

Title: Recognitionof, and Vesting Of, Forest Rights in Forest Dwelling Scheduled Tribes and Othertraditional Forest Dwellers

State: Central

Year: 2006

.....and verification procedure is complete. (6) Where the forest rights recognised and vested by sub-section (1) are in respect of land mentioned in clause (a) of sub-section (1) of section 3 such land shall be under the occupation of an individual or family or community on the date of commencement of this Act and shall be restricted to the area under actual occupation and shall in no case exceed an area of four hectares. (7) The forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act, 1980 (69 of 1980), requirement of paying the 'net present value' and 'compensatory afforestation' for diversion of forest land, except those specified in this Act. (8) The forest rights recognised and vested under this Act shall include the right of land to forest dwelling Scheduled Tribes and other traditional forest dwellers who can establish that they were displaced from their dwelling and cultivation without land compensation due to State development interventions, and where the land has not been used for the purpose for which it was acquired within five years of the said acquisition.

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Preamble 1

Title: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006

State: Central

Year: 2006