Compendium of Guidelines and Executive Instructions issued by Government of India and Select States on Forest Rights Act

Abstract

The forest is the home of tribals and forest dwellers. Only the recognition and legal protection of their rights can ensure thatforest dwellers get a fair deal. The enactment of Forest RightsAct (FRA) of 2006 has been hailed as a milestone in the history of empowerment of tribals in the country. The implementation of the historic Act has generated huge sense of ownership and security amongst forest dwellers over their land and natural resources and has brought in significant reform in the forest tenure and governance system of India. Yet much more has to be done to make tthe intended benefits to favour the right holders which can be possible only if the implementation is robust and according to letter and spirit of the Act. The major issue in the implementation of FRA has been lack of awareness on different process of claim submission at different levels and getting timely information. The National Resource Centre in SCSTRTI has attempted to compile the calrificatory circulars, guidelines, notifications on FRA issued by Government of India and different States at regular intervals; so as to serve as a Ready Reckoner for the Government Officials, User Agencies and the Public in general to facilitate the effective implementation of FRA at the grass root level. This compendium is unique in having different thematic chapters on specific provisions of FRA, which will help the reader to get the required information on directions and guidelines issued by the Central Government and different State Governments on various subjects from time to time. The Compendium has attempted to compile the circulars, guidelines and notifications issued by Central Government and different State Governments, with primary focus on Government of Odisha. However, important notifications/circulars issued by Governments of Gujarat, Maharashtra, West Bengal, Andhra Pradesh, Chhatisgarh and on relevant subjects has also been covered. The Compendium starts with the Introduction to FRA and its Preamble and moves onto cover different thematic chapters. The thematic chapters cover initial circulars on setting up institutional structures, clarifying circulars on process of implementation and different provisions of FRA, conversion of forest villages to revenue villages, convergence of development and welfare programmes, minor forest produce, community rights and community forest resource (CFR) rights and circulars on diversion of forestland under Section2 FCA and compliance with FRA. The FRA, (Bare Act),and Amendment Rules, 2012 has been provided in theAnnexure for reference.It is hoped that this compendium will be of great help to government officials, researchers, academicians, development practioners and individuals in better understanding and facilitating the implementation of the historic legislation in true letter and spirit.