WELCOME IMPLEMENTATION OF FRA 2006 IN T A T MILNADU

Transcription

1 WELCOME IMPLEMENTATION OF FRA 2006 IN TAMILNADU BY Director of Tribal Welfare Government of Tamilnadu

2 Tribals in Tamilnadu - A Glance Population ALL ST * Person Male Female * Projected 6.51 lakhs(1.04%) Against lakhs of State 5.74 lakhs in the 1991 Expected 7.53 lakhs in 2011

3 Tribals_Distribution 85% of the Tribals live near to Forests

4 Tribals _ Population in % Sl.No. District ST Population Percentage 1. Salem Tiruvannamali Villupuram 63920` Vellore Dharmapuri 6. Krishnagiri Namakkal Tiruvallur Coimbatore Nilgiris Kancheepuram Trichy Erode

5 Sl.No. District ST Population Percentage 14. Perambalur Cuddalore Tirunelveli Chennai Dindigul Madurai Kanniyakumari Thanjavur Tuticorin Nagapattinam Tiruvarur Virudhunagar Theni t6 27. Karur Sivagangai Ramanathapuram a at apu a Pudukottai Total

6 Primitive Tribes IRULAS KOTAS PANIAN KURUMBAS TODAS KATTUNAYA KAN Four PTGs inhabit at Nilgiris. Todas and Kotas inhabit the uplands of Nilgiris and Kurumbas and Irulas inhabit 1560 the lower slopes of the range. PTG Population Tribe Population in Irular Kattunayuakans Kota Kurumba Paniyans Tota TOTAL**

7 TRIBALS IN TAMIL NADU Major groups Controversial Malayali, Irular, Kattunayakan, Kurumans and Kondareddies together constitute 85.3% 14 communities are < 1000 population Highest literacy rate (78.2%) Kondareddies followed by Kurumans (61.4%) Kattunayakan (54.7%) Malayali (37.4%) Kondareddis,Kurumans,Kattunayakan Economic activity Settled cultivators (malayalis) Shifting cultivators (sholakars) Pastoral (todas) Artisans (koyas and Koragis) Food gathering - hunting, fishing and food collection (Irula, Kurumba, Mudugar, Malasar, Urlai, Palians)

8 FRA 2006 IN TAMILNADU IMPLEMENTATION

9 FRA 2006_implementation status D.O.Lr.No.4202/TD2/08-1, Dated D.O. Lr. No.TD/C1/997/2008 dated D.O. Lr. No.5999/TD2/ Adi Dravidar & Tribal Welfare Department, Dated Constitution of Monitoring i Committees at the District and Sub Divisional Level. Commissioner of Tribal Welfare addressed to All District i Collectors to Constitute the District and Gram Sabha Level Committee in consultation with the District Forest Officials. Chief Secretary to Government of Tamil Nadu addressed to the All District Collectors to Constitute the Committees and convene the meetings at all levels and implement the Act effective State Level monitoring Committee meeting held on D.O. Lr. No.5999/TD2/2008-9, 9Adi Dravidar & Tribal Welfare Department, dated Chief Secretary to Government of Tamil Nadu addressed to the All District Collectors. To organise awareness preprograms on Act 2006 in all the Gram Sabha and explain the salient features of the Act Awareness campaign on

10 FRA 2006_implementation status G.O.42/AD&TW/TD(1), Dt: TD/C1/997/08, Dt: ASum of frs lakhs released Act books along with a note sent to all District Collector s DAD&TWOs, Forest Officers, RDOs State Level Monitoring Committee Meeting under the Chairmanship of Chief Secretary to Government conducted on Rc. TD/C1/997/08 dt Rc. TD/C1/997/08 dt Submitted the list of beneficiaries prepared by the DLC and ready to distribute the titles to the Hon ble High Court on Workshop conducted in Anna Institute of Management of Management on for create awareness about this Act to the District Collectors, District Adi Dravidar and Tribal Welfare Officer and other officials. i Rc. TD/C1/997/08 dt Addressed Government Pleader for speedy disposal of case (WP 4533/08)

11 FRA 2006_implementation status Rc. TD/C1/997/08 dt Draft D.O. letter to Government Pleader for speedy disposal of the case (WP 4533/08) Lr. No. WRI/13734/07 dt D.O.lr. Director TW TD/C2/997/08 dt D.O. lr. Director TW /C2/997/08 dt GO no 220 ADW& TW Dept Dt The Director of Tribal Welfare and Principal Chief Conservator of Forest have a Discussion on on implementation of this Act. Instructions to all District i Collectors to speeding the Process of the implementations of this Act D.O. letter with Advisory Note to all District Collectors over the implementation of this Act and to conduct monthly reviews Govt Sanctioned Special staff for Monitoring, Data collection and Survey : Rtd Assistant Conservator of Forests - 1 Data Entry Operator - 1 Survey Expert in 7 Districts(Rtd Staff) - 7

12 FRA 2006_implementation status Date: Date: Review meeting on implementation of the forest Act 2006 by Principal Sec E&F Circular issued by PCCF for Diversion of Forest Lands where Tree felling is not involved D.O. lr. Director TW /C2/997/08 dt Date: Date: Date: Addressed to Govt to make a special mention before Hon ble high Court to vacate the stay Review by the Director TW with RDOs and DAWs of 7 Districts. i t Review by the Director TW with RDOs and DAWs of 6 Districts. Workshop organized for Panchayat presidents, NGOs and Tribal reps at TNFA Date: Review by the Director TW with RDOs and DAWs of 4 Districts. i t

13 Details of Committees formed Sl. N o. District i t Tribal Popn 1 Coimbatore /2008 dated Proc No DLC SDLC and Date Formed Formed Yes Dindigul /2009 Yes 2 9 dated Dharmapuri 10878/2008 Yes 1 4 dated Krishnagiri /2008 dated Yes Erode /2008 Yes 1 18 dated Kanniyakumari /2008 dated Namakkal /2008 dated Nilgiris /2007 dated d Salem /2008 dated Yes 1 3 Yes 1 14 Yes 2 87 Yes 3 11 No of FRCs formed

14 Details of Committees formed Sl. N o. District Tribal Popn 10 Trichy /2008 dated Proc No DLC SDLC and Date Formed Formed Yes Tirunelveli i / /2008 Yes 1 1 dated Theni /2010 dated Tiruvannamalai /2008 dated Villuppuram 63920` 8554/2008 dated Vellore /2008 dated Virudhunagar /2008 dated Yes 2 9 Yes 1 11 Yes 1 16 Yes Yes 1 1 No. FRCs formed Total

15 FRA 2006_implementation MFP Status MFP is organized by village tribal forest committees. The MFP collection in national parks and sanctuaries are not affected since it is not satisfying the provision of FR act 2006 that MFP that has to be traditionally collected. Diversion Status Guidelines have been issued by the PCCF vide ref Guidelines have been issued by the PCCF vide ref number TS4/31969/09 to grant permission for diversion wherever tree felling is not involved.

16 Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 Sl. N District Total No. of No.of of No.of of No. of No. of Claims Received Individual claims as On Rights by DLC rejected Community Rights approved by DLC claims under process. 1 Coimbatore Dindigul Dharmapuri Erode Krishnagiri Kanniyakumari Namakkal Nilgiris Salem Trichy Tirunelveli eli Theni Tiruvannamalai Villuppuram Vellore Virudhunagar Total

17 FRA 2006 IN TAMILNADU ISSUES Court Proceedings (WP 4533/08) Court Proceedings (WP 533/08)

18 Court Proceedings (WP 4533/08) Directions of the court: a. It claims are made for community rights or rights to forest land and applications are submitted as per sections 9 and 4 of the Act read with rules 11 and 12 of the rules then the process of verification of the claim after initimation to the concerned claimant shall go on, but before the certificate of title is actually issued, orders shall be obtained from this court. b. As regards felling of trees for providing diversion of forest land under section 3(2) of the act is concerned, the process can go on till the clearance of such development projects and also the Gram Sabha s recommendation is obtained, but before the actual felling of trees, orsers shall be obtained from this court. 1. Case is listed on Judgment is reserved Court Proceedings (WP 533/08) Directions of the court: The respondents are directed not to undertake any felling of trees and not to alienate any land by launching patta or by any other manner pursuant to the provisions of Act 2 of 2007 particularly from out of the Sanctuaries, National Parks and biospheres (reserved area

19 Identification of habitations/hamlets in the State where FRA is implemented. Plan of Action Establishment of the authorities under FRA Empowering the authorities under FRA Empowering Gram Sabhas and FRCs to be functional Empowering SDLCs Mass Awareness campaign Role of other Departments Role of Rural Development and Panchayathiraj Department Role of Forest Department Operational Strategy Operational Strategy at DLC level Operational Strategy at SDLC level Formation of State Resource Group for FRA Formation of Sub-Divisional Resource Groups for FRA Monitoring & Evaluation Monitoring & Evaluation at DLC level Monitoring & Evaluation at SDLC level Reviews at official level

20 Plan of Action 1 Identification of habitations/hamlets in the State where FRA is RDOs of sub divisions implemented. 1.A Identification of sub-divisions which have Scheduled Tribe population and forest land of any category including Sanctuaries and National Parks in each district. 1B 1.B Listing out the panchayats following a similar procedure outlined in Rule 2A in these sub-divisions which have Scheduled Tribe population and forest land of any category including Sanctuaries and National Parks. 1.C Listing of habitations/hamlets following a similar procedure outlined in Rule 2A within each panchayat and compiling a list of FRA focus habitations with details such as Revenue village, Gram Panchayat, Taluk and District and with population data (General, ST and SC). (Ensure that the villages for the purpose of FRA is at the habitation level (hamlets or group of hamlets), the natural habitation, with a small enough population so that Gram Sabha meetings are viable and one-half quorum is obtainable). 1.D This list should be widely made available to public in all concerned districts, taluk headquarters and Panchayat offices and government websites. 2 Establishment of the authorities under FRA RDOs of sub divisions 2.A On the basis of the list prepared as said in point 1 above, the gram sabha meetings may be called at the habitation level and the process may be reinitiated if necessary (including election of a Forest Rights Committee for each such habitation etc.). (It should be made clear that already recognized rights will not be disturbed.) 2.B The FRC is to elect its Chairperson and Secretary and in form the SDLC. 2.C The SDLC should prepare the lists of FRC members with its office bearers. check weather SDLCs and DLCs areformed as per Rule 5 and 7 respectively and if not take steps to rectify the anomalies if any and send such list to Nodal Agency ie Directorate of Tribal Welfare, Govt of Tamilnadu

21 Plan of Action 3 Empowering the authorities under FRA 3.1 Empowering Gram Sabhas and FRCs to be functional RDOs of sub divisions 3.1.A In order to activate or strengthen the Gram Sabhas to function to carry out their role under the Act, the task is to identify the rights ie common community rights (defined in Sec.2(a), Sec.3(1)(i) ) and evidence as per Rule 13(2)), that would require and inspire the Gram Sabha to take up its responsibilities as envisaged under the Act. 3.1.B The first priority should be the preparation of the CFR claim in Form C along with demarcating and delineating the customary and traditional boundary by the FRC on behalf of the Gram Sabha.(effectively requiring the involvement of the whole village to determine the veracity of the claim). 3.1.C The Gram Sabha is to constitute a Committee [Rule 4(1)(e)] to carry out and execute its decisions involving the holders of forest rights and village level institutions (if any), taking charge as required under the Act [Sec.5] to exercise their powers to protect, conserve and regulate the forest resource. They may be advised that this may be done in parallel with filing the CFR claim. 3.1.D Strengthen the community process through filing of claims under Form B, i.e Community rights [Sec.3(b), (c), (d), (e), and (k)] where this has not been done. 3.1.E Public hearings on a monthly basis can be conducted at the Panchayat level with prior information to all the concerned Gram Sabha to be held at a public place by the Tribal Welfare Department/SDLC to receive and provide feedback, and clarifications. 3.2 Empowering SDLCs District Collector 32A 3.2.A 3.2.B 3.2.C 3.2.D 3.2.E 3.2.F Providing funds for surveying, instruments and surveyors and social mobilisers Engaging work based Social mobilsers / social animators to assist FRCs in the work of mobilizing the people, filling up the forms etc Providing relevant forest and revenue maps by SDLCs to Gram Sabhas Providing guidelines, rules, letters from MoTA, etc in Tamil and publicity materials under Act for distribution to all the concerned villages. Identifying and involving dedicated NGOs/Voluntary agencies who are interested or already associated in implementation of this act for tribals. Providing work based community surveyors to take up the survey work to assist FRC as decided by the SDOs

22 4 Mass Awareness campaign District Collector 4.A Orientation to all the panchayat presidents about the Act 4.B Mass awareness campaign to be done in all districts at a time to popularize the Act 5 Role of other Departments 5.1 Role of Rural Development and Panchayathiraj Department Project Officer, DRDA 5.1.A Assisting Sub Divisional Officers in identification of panchayats which have Scheduled Tribe population and listing out the panchayats in Sub divisions 5.1.B Assisting Sub Divisional Officers in listing of FRA focus habitations / hamlets with population data (General, ST and SC) in each panchayat. 51C 5.1.C Conduct of gram sabha meetings at the habitation level and election of a Forest Rights Committee for each such habitation. 5.2 Role of Forest Department District Officer/Wild life wardens 5.2.A Awareness to Beat and Section level staff in facilitating the implementation of the Act 5.2.B Aligning MFP areas/ Assisting in preparation of the CFR claim in Form C with Gram sabha jurisdictions 5.2.C 5.2.D Processing of Diversion proposals as per the provisions of this act Special orientation of Field staff of Sanctuaries and National Parks in facilitating the implementation of the Act

23 6 Operational Strategy 6.1 Operational Strategy at DLC level District Collector 6.1.A Revisiting of executive orders for formation of various committees under this act and correcting anomalies if any and informing the same to state Nodal Dept 6.1.B Formation of various committees under this act in all the districts where ever ST population is recorded as per the 2001 census 6.2 Operational Strategy at SDLC level RDOs of sub divisions 6.2.A Revisiting of executive orders for formation of FRCs under this act and correcting anomalies if any 6.2.B Provide orientation to Gram Sabha / FRC members, civil society, political, elected representatives or any others on request 6.2.C Continue to provide clarifications if any from anyone whomsoever on matters related to FRA 6.2.D Providing relevant forest and revenue maps [Rule 6(b)] and documents listed under evidence for determination of forest rights [Rule 13(a), (b), (d), (e) and (f)] to the Gram Sabhas and any other information i requested of by the Gram Sabha or its FRC 6.2.E To address grievances and complaints 6.3 Formation of State Resource Group for FRA Director TW Dept 6.3.A The Nodal Agency (State Tribal Department) is to constitute a State Resource Group at the Director s level to assist him consisting of relevant experts to provide knowledge, skills and expertise on all matters pertaining to FRA, for the purpose of training of and providing clarifications to the Sub-Divisional Resource Groups for FRA and Preparation of Road map for speedy implementation of FRA. The State Resource Group also assist in translate guidelines, rules, letters from MoTA, etc into the regional language; prepare publicity materials on process under Act, and their distribution to all the concerned villages through SDLCs and DLCs and through other channels; and develop and provide appropriate information and resource materials, to the DLC, SDLC, Gram Sabha and its FRC, and the Sub-Divisional Resource Group. This can include posters and pamphlets for wide distribution in the States. This committee is only of advisory in nature and does not have any legal or official authority. 6.4 Formation of Sub-Divisional Resource Groups for FRA District Collector after receiving directions 6.4.A The SDLCs should call for a joint meeting of SDLC with the Chairpersons and Secretaries of all the FRCs in the Gram Sbh Sabhas flli falling within ihi the SbDi Sub-Divisioni i to constitute a SbDi Sub-Divisionali i Resource Group fromamongstthemselves and other interested nominations to assist SDLCs consisting of experts. NGOs, Tribal Representatives, Voluntary Experts to provide knowledge, skills and expertise on all matters pertaining to FRA, for the purpose of training of and providing clarifications. This committee is only of advisory in nature and does not have any legal or official authority.

24 7 Monitoring & Evaluation 7.1 Monitoring & Evaluation at DLC level District Collector/ms MS of DLC List of villages, Gram Panchayats, Sub-Divisions, where FRA is implemented is to be compiled and to 7.1.A be updated by MS of DLC 7.1.B The progress reports to be sent to Nodal Agency in the Proformas sent by Director TW dept monthly. 7.1.C Consolidation of the data collected by SDLCs at the District level by DLC 7.1.D Prepare district-wise report on implementation on basis of this data and public hearing report with focus on rejections and on uncovered areas and rights. 7.2 Monitoring & Evaluation at SDLC level RDOs of sub divisions 7.2.A List of habitations, Gram Panchayats, Sub-Divisions, where FRA is implemented to be kept by SDLC and to be sent to MS DLC. 7.2.B Sub -division wise data of Status of constitution of FRCs of in habitations 72C 7.2.C Status of Claims for each of these habitations sub-division wise data ie number of claims received and titles granted under each right (sub-categories as per each sub clause of Sec.3) 7.2.D Categorization of reasons for the rejection of claims 7.2.E Category wise rejected claims referred back to the Gram Sabha and their status 7.2.F Area claimed and area granted in final title under land rights disaggregated for individual and community claims 7.2.G Status of complaints and action taken report to complaints along with time taken for the action taken 7.2.H Record if details of titles distributed 7.2.I A report as suggested in the section on monitoring and evaluation [See section E.1, of Act)] should be prepared on a regular monthly basis. 7.2.J Status of recording of rights in revenue/forest records and in official revenue/forest maps.

25 8 Reviews at official level 8.1 SLC Meeting to be proposed to explore possibilities of Vacation of Director, TW Stay 8.2 Orientation meeting with District Forest Officers and DAD&TW Director, TW officers Bi Monthly Reviews by Reviews by Conservator of Forests with Conservator of Forests if Circle level implementing officials 8.4 Monthly Reviews by District Collectors with district level implementing officials 8.4 Fortnight Review meetings by Sub divisional Officers with Sub Sub divisional Officers division level stake holders and implementing officials, staff etc Concerned circles District Collectors of concerned Districts

26 Road map for implementation ti process of FRA 2006 in Tamilnadu Sl.no Item of implementation Official to implement Implementation _ By end of Dec Meeting with Tribal Welfare,, Revenue and Panchayat Raj Departments at District level to discuss District Collector the implementation of FRA road map 2 Revisiting of executive orders of District Collectors issued earlier for formation of various District Collector committees under this act and correcting anomalies if any and informing the same to state Nodal Dept 3 Starting of identification of panchayats which have Scheduled Tribe population and listing out the RDOs of sub divisions panchayats in Sub divisions. 4 Starting the listing of FRA focus habitations / hamlets with population data (General, ST and SC) RDOs of sub divisions in each panchayat. 5 Formation of State Resource Group for FRA Director TW Dept 6 Meeting with Tribal Welfare,, Revenue and Panchayat Raj Departments at state level Director TW Dept 7 Formation of various committees under this act in the districts where ever ST population is recorded District Collector as per the 2001 census and committees are not formed. 8 Providing funds for implementation of FRA by DLC/SDLCs Director TW Dept 9 Formation of Sub-Divisional Resource Groups for FRA District Collector 10 1 st Fortnight Review meeting by Sub Divisional Officers at Sub division level with stake holders Sub divisional Officers and implementing officials, staff etc 11 SLC Meeting to be proposed to explore possibilities of vacation of Stay Director, TW 12 Orientation meeting with District Forest Officers and DAD&TW officers at state level Director, TW 13 1 st Review by the Conservator of Forests with Circle level implementing officials Conservator of Forests if Concerned circles 14 1 st Review by District Collectors with district level implementing officials District Collectors of concerned Districts 15 Fortnight Review meeting by Sub divisional Officers with Sub division level stake holders and implementing officials, staff etc Sub divisional Officers

27 Implementation _ (During Jan 2013) 16 Completion of identification of panchayats which have Scheduled Tribe population and listing out the panchayats in Sub divisions. 17 Completion of listing of FRA focus habitations / hamlets with population data (General, ST and SC) in each panchayat. 18 Compiling a list of FRA focus habitations in the district with details such as Revenue village, Gram Panchayat, Taluk. 19 Conduct of gram sabha meetings at the habitation level and election of a Forest Rights Committee for each such habitation. 20 Constitution of a Committee [Rule 4(1)(e)] )] to carry out and execute its decisions i by Gram Gram Sabha. 21 FRC is to elect its Chairperson and Secretary and inform the SDLC. Gram 22 Compilation of list of FRC members with its office bearers in the FRCs, SDLCs and send the list to DLC and Nodal Agency ie Directorate of TW, Chennai RDOs of sub divisions RDOs of sub divisions RDOs of sub divisions Panchayat Presidents RDOs of sub divisions 23 Making available the list to public, gram sabhas etc District Collector 24 Supply of Survey of Maps, Village Maps to FRCs, Gramsabhas, SDLCs District Collector 25 Providing guidelines, rules, letters from MoTA, etc into Tamil for distribution to all the concerned villages. Director TW Dept

28 26 Providing publicity materials under Act for distribution to all the concerned villages. Director TW Dept 27 Engaging Social mobilsers / social animators to assist FRCs and GS RDOs of sub divisions members 28 Capacity building to FRC members/ Social Mobilizers RDOs of sub divisions 29 Engaging surveyors RDOs of sub divisions 30 Capacity building to surveyors on GPS handling RDOs of sub divisions 31 Orientation/awareness creation to all the panchayat presidents about the Act 32 Mass awareness campaign in the districts to popularize the Act and its aspects. 33 Fortnight Review meeting by Sub divisional Officers with Sub division level stake holders and implementing officials, staff etc 34 Monthly Review by District Collectors with district level implementing officials 35 Fortnight Review meeting by Sub divisional Officers with Sub division level stake holders and implementing officials, staff etc RDOs of sub divisions RDOs of sub divisions Sub divisional Officers District Collectors of concerned Districts Sub divisional Officers

29 Implementation _ (During Feb 2013) 36 Procurement of survey instruments and supply Director TW Dept 37 Mobilisation of Gramsabha members and filling up of Claim forms Social mobilisers and NGOs 38 Receiving claims and collections of evidences by FRC Gram 39 Aligning MFP areas/ Preparation of the CFR claim in Form C with DFOs Gram sabha jurisdictions 40 Verification of claims and surveying claimed area by FRCs FRC 41 Submission of FRC report to Gram Sabha Conduct of Gramsabha and passing resolution Gram

30 Implementation _ (During March 2013) 42 SDLC meetings and forwarding of the claims to DLC RDOs of sub divisions 43 DLC meetings and approval of claims Collectors 44 Preparation of Title certificates at district level MS, DLC 45 Report of status of Claims sub-division wise data ie number of claims MS, DLC received and titles kept ready. 46 Distribution of Titles Collectors 47 Recording of rights in revenue/forest records and in official Collectors revenue/forest maps. 48 Fortnight Review meeting by Sub divisional Officers with Sub division level stake holders and implementing officials, staff etc Sub divisional Officers 49 Monthly Review by District Collectors with district level implementing officials District Collectors of concerned Districts 50 Fortnight Review meeting by Sub divisional Officers with Sub division level stake holders and implementing officials, staff etc Sub divisional Officers 51 Bi Monthly Review by Reviews by Conservator of Forests with Conservator of Circle level implementing officials Forests if Concerned circles

31 THANK YOU