The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 is an Act of the Parliament of India enacted to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
The Act provides for the following sub topics:
- Definitions
- Object and purpose
- Application
- Rights to be recognized and vested
- Procedure for recognition and vesting of rights
- Recognition of individual rights
- Recognition of community rights
- Vesting of rights
- Record of rights
- Compensation
- Rehabilitation and resettlement
- Offences and penalties
- Powers of the State Government
- Powers of the Central Government
- Saving
- Repeal and saving
- Short title, commencement and extent
The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 is an Act of the Parliament of India enacted to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
The Act provides for the following sub topics:
- Definitions
- Object and purpose
- Application
- Rights to be recognized and vested
- Procedure for recognition and vesting of rights
- Recognition of individual rights
- Recognition of community rights
- Vesting of rights
- Record of rights
- Compensation
- Rehabilitation and resettlement
- Offences and penalties
- Powers of the State Government
- Powers of the Central Government
- Saving
- Repeal and saving
- Short title, commencement and extent
Definitions
In this Act, unless the context otherwise requires,–
(a) “Act” means the Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006;
(b) “appropriate Government” means,–
(i) in relation to a State, the State Government; and
(ii) in relation to the Union territories, the Central Government;
(c) “authorised officer” means an officer authorised by the State Government or the Central Government, by notification, to exercise any power under this Act;
(d) “community forest resource” means any forest land, forest produce or any other resource which is held, managed or used by a community as a whole and includes, but is not limited to,–
(i) village forests;
(ii) sacred groves;
(iii) community grazing grounds;
(iv) community woodlots;
(v) community ponds;
(vi) community pastures;
(vii) community water bodies; and
(viii) any other area or resource which is held, managed or used by a community as a whole;
(e) “district forest officer” means the officer in charge of the forest division in a district;
(f) “family” means a group of persons consisting of husband, wife, minor children and dependent parents;
(g) “forest land” means any land which is recorded as forest in the records of the Government;
(h) “forest produce” means any produce of forest, including, but not limited to, timber, bamboo, cane, grass, leaves, flowers, fruits, seeds, honey, wax, lac, gum, resin, tanning materials, medicinal plants, minor forest produce and any other produce of forest;
(i) “individual forest right” means a right in respect of any forest land or forest produce which is held or enjoyed by an individual or a family;
(j) “prescribed” means prescribed by rules made under this Act;
(k) “record of rights” means a record of all forest rights recognized and vested under this Act;
(l) “Scheduled Tribes” means the Scheduled Tribes as defined in clause (25) of Article 366 of the Constitution;
(m) “State Government” means the Government of a State;
(n) “traditional forest dweller” means a person who has been residing in any forest land for three generations or more as of 13th December, 2005, and who has a traditional right in respect of such forest land; and
(o) “tribal area” means an area which is declared as a tribal area under any law for the time being in force.
Object and purpose
The object and purpose of the Act is to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
Application
The Act applies to all forest land in India.
Rights to be recognized and vested
The following rights are to be recognized and vested under the Act:
(a) Individual forest rights;
(b) Community forest rights; and
(c) Extent of individual forest rights.
Procedure for recognition and vesting of rights
The procedure for recognition and vesting of rights under the Act is as follows:
(a) An application for recognition
The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 is an Act of the Parliament of India enacted to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
The Act provides for the following sub topics:
- Definitions
- Object and purpose
- Application
- Rights to be recognized and vested
- Procedure for recognition and vesting of rights
- Recognition of individual rights
- Recognition of community rights
- Vesting of rights
- Record of rights
- Compensation
- Rehabilitation and resettlement
- Offences and penalties
- Powers of the State Government
- Powers of the Central Government
- Saving
- Repeal and saving
- Short title, commencement and extent
Here are some frequently asked questions about the Act:
What are the definitions of the key terms used in the Act?
The following are the definitions of the key terms used in the Act:
- Scheduled Tribes: The term “Scheduled Tribes” means such tribes or tribal communities or parts of or groups within such tribes or tribal communities as are deemed under Article 342 of the Constitution to be Scheduled Tribes for the purposes of the Constitution.
- Other traditional forest dwellers: The term “other traditional forest dwellers” means such forest dwelling communities or groups as have been traditionally dependent on the forest for their livelihood and have been residing in such forest for generations but whose rights in such forest have not been adequately recorded or reflected in the government records.
- Forest land: The term “forest land” means any land which is recorded as forest in the government records or which is notified as forest under any law for the time being in force.
- Rights: The term “rights” means the rights and interests of forest dwelling scheduled tribes and other traditional forest dwellers in forest land and forest produce.
- Recognition: The term “recognition” means the process of recording and acknowledging the rights of forest dwelling scheduled tribes and other traditional forest dwellers in forest land and forest produce.
- Vesting: The term “vesting” means the process of transferring the ownership and possession of forest land and forest produce to forest dwelling scheduled tribes and other traditional forest dwellers.
What is the object and purpose of the Act?
The object and purpose of the Act is to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
To whom does the Act apply?
The Act applies to all forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in any forest land in India for generations but whose rights in such forest land have not been adequately recorded or reflected in the government records.
What are the rights that are to be recognized and vested under the Act?
The following are the rights that are to be recognized and vested under the Act:
- Right to reside in and cultivate forest land: Forest dwelling scheduled tribes and other traditional forest dwellers have the right to reside in and cultivate forest land that they have been traditionally using for such purposes.
- Right to access and use forest produce: Forest dwelling scheduled tribes and other traditional forest dwellers have the right to access and use forest produce for their livelihood and for other customary purposes.
- Right to protect and conserve forests: Forest dwelling scheduled tribes and other traditional forest dwellers have the right to protect and conserve forests.
- Right to participate in the management of forests: Forest dwelling scheduled tribes and other traditional forest dwellers have the right to participate in the management of forests.
What is the procedure for recognition and vesting of rights under the Act?
The procedure for recognition and vesting of rights under the Act is as follows:
- A person who claims to have any right under the Act shall make an application to the State Government in the prescribed form.
- The State Government shall, after considering the application, issue a notice to the person concerned and to all other persons who may be affected by the recognition of the right.
- The State Government shall, after considering the objections received, hold an inquiry and decide whether or not to recognize the right.
- If the State Government decides to recognize the right, it shall issue a certificate of recognition to the person concerned.
- The State Government shall, after recognizing the right, vest the land in the
Question 1
The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 is an Act of the Parliament of India enacted to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
Which of the following is not a sub topic of the Act?
(A) Definitions
(B) Object and purpose
(C) Application
(D) Rights to be recognized and vested
(E) Procedure for recognition and vesting of rights
Answer
(E)
The procedure for recognition and vesting of rights is not a sub topic of the Act. The sub topics of the Act are:
- Definitions
- Object and purpose
- Application
- Rights to be recognized and vested
- Recognition of individual rights
- Recognition of community rights
- Vesting of rights
- Record of rights
- Compensation
- Rehabilitation and resettlement
- Offences and penalties
- Powers of the State Government
- Powers of the Central Government
- Saving
- Repeal and saving
- Short title, commencement and extent
Question 2
The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 is an Act of the Parliament of India enacted to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
Which of the following is not a right that can be recognized and vested under the Act?
(A) The right to live in and use forest land
(B) The right to access forest produce
(C) The right to graze livestock in forest land
(D) The right to carry out minor forest produce collection
(E) The right to construct a house in forest land
Answer
(E)
The right to construct a house in forest land is not a right that can be recognized and vested under the Act. The rights that can be recognized and vested under the Act are:
- The right to live in and use forest land
- The right to access forest produce
- The right to graze livestock in forest land
- The right to carry out minor forest produce collection
- The right to collect minor forest produce for domestic use
- The right to carry out traditional practices
- The right to access water
- The right to access grazing land
- The right to access other forest produce
- The right to participate in forest management
- The right to receive compensation for loss of rights
- The right to rehabilitation and resettlement
Question 3
The Scheduled Tribes And Other Traditional Forest Dwellers (Recognition Of Forest Rights) Act, 2006 is an Act of the Parliament of India enacted to provide for the recognition and vesting of forest rights and occupation in forest land in forest dwelling scheduled tribes and other traditional forest dwellers who have been residing in such forest for generations but whose rights have not been adequately recorded or reflected in the government records.
Which of the following is not a requirement for recognition of individual rights under the Act?
(A) The individual must be a member of a scheduled tribe or other traditional forest dweller community
(B) The individual must have been residing in the forest for generations
(C) The individual’s rights must not have been adequately recorded or reflected in the government records
(D) The individual must not have been convicted of any offence under the Forest Conservation Act, 1980
(E) The individual must not have been evicted from the forest
Answer
(D)
The individual must not have been convicted of any offence under the Forest Conservation Act, 1980. The other requirements for recognition of individual rights under the Act are:
- The individual must be a member of a scheduled tribe or other traditional forest dweller community
- The individual must have been residing in the forest for generations
- The individual’s rights must not have been adequately recorded or reflected in the government records
- The individual must not have been evicted from the forest