THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) BILL, 2006

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1 AS PASSED BY LOK SABHA ON 15TH DECEMBER, 2006 THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) BILL, 2006 A BILL Bill No. 158-C of 2005 to recognise vest rights occupation in l in dwelling Scheduled Tribes traditional dwellers who have been residing in such s f generations but whose rights could not be recded; to provide f a framewk f recding rights to vested nature of evidence required f such recognition vesting in respect of l. WHEREAS recognised rights of dwelling Scheduled Tribes traditional dwellers include responsibilities authity f sustainable use, conservation of biodiversity maintenance of ecological balance reby strengning conservation regime of s while ensuring livelihood food security of dwelling Scheduled Tribes traditional dwellers: AND WHEREAS rights on ancestral ls ir habitat were not adequately recognised in consolidation of State s during colonial period as well as in independent India resulting in histical injustice to dwelling Scheduled Tribes traditional dwellers who are integral to very survival sustainability of ecosystem; \\SERVER5\BILL_2004\LOK SABHA\2782LS

2 2 AND WHEREAS it has become necessary to address long sting insecurity of tenurial access rights of dwelling Scheduled Tribes traditional dwellers including those who were fced to relocate ir dwelling due to State development interventions. BE it enacted by Parliament in Fifty-seventh Year of Republic of India as follows: CHAPTER 1 PRELIMINARY Sht Title commencement. 1. (1) This Act may be called Scheduled Tribes Or Traditional Fest Dwellers (Recognition of Fest Rights) Act, (2) It extends to whole of India except State of Jammu Kashmir. Definitions. (3) It shall come into fce on such date as Central Government may by notification in Official Gazette appoint. 2. In this Act, unless context wise requires, (a) "community resource" means customary common l within traditional customary boundaries of village seasonal use of lscape in case of pastal communities, including reserved s, protected s protected areas such as Sanctuaries National Parks to which community had traditional access; (b) "critical wildlife habitat" means such areas of National Parks Sanctuaries where it has been specifically clearly established, case by case, on basis of scientific objective criteria, that such areas are required to be kept as inviolate f purposes of wildlife conservation as may be determined notified by Central Government in Ministry of Environment Fests after open process of consultation by an Expert Committee, which includes experts from locality appointed by that Government wherein a representative of Ministry of Tribal Affairs shall also be included, in determining such areas accding to procedural requirements arising from sub-sections (1) (2) of section 4; (c) " dwelling Scheduled Tribes" means members community of Scheduled Tribes who primarily reside in who depend on s ls f bona fide livelihood needs includes Scheduled Tribe pastalist communities; (d) " l" means l of any description falling within any area includes unclassified s, undemarcated s, existing deemed s, protected s, reserved s, sanctuaries National Parks; (e) " rights" means rights referred to in section 3; (f) " villages" means settlements which have been established inside s by department of any State Government f ry operations which were converted into villages through reservation process includes settlement villages, fixed dem holdings, all types of taungya settlements, by whatever name called, f such villages includes ls f cultivation uses permitted by Government; (g) "Gram Sabha" means a village assembly which shall consist of all adult members of a village in case of States having no Panchayats, Padas, Tolas traditional village institutions elected village committees, with full unrestricted participation of women; (h) "habitat" includes area comprising customary habitat such habitats in reserved s protected s of primitive tribal groups preagricultural communities dwelling Scheduled Tribes; (i) "min produce" includes all non-timber produce of plant igin including bamboo, brush wood, stumps, cane, tussar, cocoons, honey, wax, lac, tendu kendu leaves, medicinal plants herbs, roots, tubers like;

3 3 18 of of of (j) "nodal agency" means nodal agency specified in section 11; (k) "notification" means a notification published in Official Gazette; (l) "prescribed" means prescribed by rules made under this Act; (m) "Scheduled Areas" means Scheduled Areas referred to in clause (1) of article 244 of Constitution; (n) "sustainable use" shall have same meaning as assigned to it in clause (o) of section 2 of Biological Diversity Act, 2002; (o) " traditional dweller" means any member community who has f at least three generations pri to 13th day of December, 2005 primarily resided in who depend on s l f bona fide livelihood needs. Explanation. F 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 Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996; (ii) any area referred to as a village in any State law relating to Panchayats than Scheduled Areas; (iii) villages, old habitation settlements unsurveyed villages, wher notified as village not; (iv) in case of States where re are no Panchayats, traditional village, by whatever name called; (q) "wild animal" means any species of animal specified in Schedules I to IV of Wild Life (Protection) Act, 1972 found wild in nature. CHAPTER II FOREST RIGHTS 3. (1) F purposes of this Act, following rights, which are secure individual community tenure both, shall be rights of dwelling Scheduled Tribes traditional dwellers on all ls, namely: (a) right to hold live in l under individual common occupation f habitation f self- cultivation f livelihood by a member members of a dwelling Scheduled Tribe traditional dwellers; (b) community rights such as nistar, by whatever name called, including those used in erstwhile Princely States, Zamindari such intermediary regime; (c) right of ownership access to collect, use, dispose of min produce which has been traditionally collected within outside village boundaries; (d) community rights of uses entitlements such as fish products of water bodies, grazing (both settled transhumant) traditional seasonal resource access of nomadic pastalist communities; (e) rights, including community tenures of habitat habitation f primitive tribal groups pre-agricultural communities; (f) rights in over disputed ls under any nomenclature in any State where claims are disputed; (g) rights f conversion of Paltas leases grants issued by any local authity any State Government on ls to titles; Fest rights of Fest dwelling Scheduled Tribes tradional dwellers.

4 4 per hectare, (h) rights of settlement nemely:- conversion of all villages, old habitation unsurveyed villages villages in s, wher recded, notified, not, into (a) revenue schools; villages; (b) (i) right dispensary to protect, regenerate conserve hospital; manage any community resource (c) which anganwadis; y have been traditionally protecting conserving f sustainable use; (d) fair price shops: (j) rights which are recognised under any State law laws of any Autonomous District (e) Council electric Autonomous Regional telecommunication Council which are accepted as rights of lines; tribals under any traditional customary law of concerned tribes of any State; (f) (k) right tanks of access to biodiversity community min right water to intellectual property bodies; traditional knowledge related to biodiversity cultural diversity; (g) (l) any drinking traditional water right customarily supply enjoyed by water dwelling Scheduled Tribes traditional dwellers, as case may be, which are pipelines; not mentioned in clauses (a) to (k) but excluding traditional right of hunting trapping (h) water extracting a part of rain body of water any species of harvesting wild animal; structures; (m) right to in situ rehabilitation including alternative l in cases where Scheduled Tribes traditional dwellers have been illegally evicted displaced (i) from min l irrigation of any description without canals; receiving ir legal entitlement to rehabilitation (j) non-conventional pri to 13th day of December, source of energy; (2) Notwithsting anything contained in Fest (Conservation) Act, 1980, Central Government shall provide f diversion of l f following facilities managed by (k) government skill which upgradation involve felling of trees not exceeding vocational seventy-five trees training per hectare, nemely: centres; (l) (a) schools; roads; (m) (b) dispensary community hospital; centres; Provided (c) anganwadis; such diversion of l shall (d) fair price be shops: allowed only if,- (i) (e) electric telecommunication l to lines; be diverted f purposes (f) tanks mentioned min water bodies; in this subsection (g) drinking is less water supply than water one pipelines; hectare in each case; (h) water rain water harvesting structures; (ii) (i) min clearance irrigation canals; of such developmental projects (j) non-conventional shall source be subject of energy; to condition (k) skill upgradation that vocational same training is centres; recommended by (l) Gram roads; Sabha. CHAPTER (m) community III centres. RCOGINTION, Provided such diversion RESTORATION of l shall be allowed AND only VESTING if, OF FOREST RIGHTS (i) AND l to be RELATED diverted f purposes mentioned in this subsection is less than one hectare in each case; MATTERS (ii) clearance of such developmental projects shall be subject to 4. (1) condition Notwithsting that same is recommended anything by Gram Sabha. contained in any law f time being in fce, subject to 69 of 1980.

5 53 of CHAPTER provisions of this Act, III Central Governemnt RECOGNITION, RESTORATION AND VESTING OF FOREST RIGHTS AND RELATED hereby recognises vests MATTERS rights in- 4. (1) Notwithsting anything contained in any law f time being in fce, (a) subject to provisions dwelling of this Act, Central Scheduled Government hereby Tribes recognises in vests States rights in areas in States where y are declared (a) dwelling as Scheduled Tribes in States Tribes areas in States inwhere y are declared as Scheduled Tribes in respect of all rights mentioned in section 3; respect of all rights (b) traditional dwellers in respect of all rights mentioned in in section 3. 3; (b)(2) The rights recognised traditional under this Act in critical wildlife habitats of National dwellers parks Sanctuaries in may respect subsequently be modified of all resettled, provided rights that no rights holders shall be resettled have ir rights in any manner affected f purposes mentioned of creating inviolate areas in f wildlife section conservation 3. except in case all following conditions are (2) satisfied, The namely: rights recognised under this Act (a) process in critical of recognition wildlife vesting of rights as specified habitats in section 6 is complete in all areas under consideration; of National parks Sanctuaries may (b) it has been established by concerned agencies of State Government subsequently in exercise of ir powers be under modified Wild Life (Protection) reserttled, Act, 1972 that activities provided of impact of that presence no of holders of rights upon rights wild animals holders is sufficient to cause irreversible damage threaten existence of said species ir habitat; shall be resettled have ir rights (c) state Government has concluded that reasonable options, such as, in co-existence any manner are not available; affected f purposes of creating (d) a resettlement inviolate alternatives package areas has been prepared f wildlife communicated conservation that provides a secure livelihood except f in affected case individuals all communities fulfills requirements of such affected individuals communities given in following relevant laws conditions policy of Central are Government; satisfied, namely:- (e) free infmed consent of Gram Sabhas in areas concerned to (a) proposed resettlement process to of package recognistion has been obtained in writing; vesting (f) no of resettlement rights shall take as place specified until facilities l inallocation at resettlement location are complete as per promised package: section 6 is in all areas Provided that critical wildlife habitats from which rights holders are thus relocated under f purposes consideration; of wildlife conservation shall not be subsequently diverted by State Government (b) it has Central been Government established any entity f by uses. concerned (3) The recognition agencies vesting of of rights under State this Act to dwelling Scheduled Tribes to traditional dwellers in relation to any State Union Government territy in respect of in l exercise ir habitat shall of be subject ir to condition powers that such under Scheduled Tribes tribal Wild communities Life (Protection) traditional dwellers Act, had occupied l befe 13th day of December, that activities of impact of (4) A right conferred by sub-section (1) shall be heritable but not alienable to transferable presence shall be registered of jointly holders in name of both rights spouses in case upon of married wild persons animals in name of is single sufficient head in case of a household to cause headed by a single person in absence of a direct heir, heritable right shall pass on to next of kin. irreversible damage reaten (5) Save as wise provided, no member of a dwelling Scheduled Tribe existence traditional of dweller said shall be species evicted removed from ir l under his habital; occupation till recognition verification procedure is completed. (c)(6) Where state rights Government recognized vested has by sub-section concluded (1) are in respect of l mentioned in clause (a) of sub-section (1) of section 3 such l shall be under Recognition of vesting of rights in dwelling Scheduled Tribes traditional dwellers.

6 Duties of holders of rights. Authities to vest rights in dwelling Scheduled Tribes traditional dwellers procedure reof. 6 that occupation of an individual reasonable family community options, on date of commencement such of as, this Act shall be restricted to area under actual occupation shall in no case exceed an co-existence area of four hectares. not available; (d)(7) a The resettlement rights shall be conferred free alternatives of all encumbrances procedural package requirements, including has clearance been under prepared Fest (Conservation) Act, 1980, requirement of paying 'net present value' 'compensaty afation' f diversion of l communicated except those specified in this that Act. provides a secure livelihood (8) The rights f recognized affected vested under this Act individuals shall include right of l to communitites dwelling Scheduled Tribes fulfills traditional dwellers who can establish that y were displaced from ir dwelling cultivation without l requirements compensation due to State development of such interventions, affected where l has not been individuals used f purpose f which it was communities acquired within five years given of said acquisition. in relevant 5. The holders laws of any right, Gram Sabha policy village of level institutions in areas where re are holders of any right under this Act are empowered to central Government; of (a) protect wild life, biodiversity; (b) ensure that adjoining catchments area, water sources ecological sensitive areas adequately protected; (c) ensure that habitat of dwelling Scheduled Tribes traditional dwellers is preserved from any fm of destructive practices affecting ir cultural natural heritage; (d) ensure that decisions taken in Gram Sabha to regulate access to community resources stop any activity which adversely affects wild animals, biodiversity are complied with. Recognition of vesting of rights in dwelling Scheduled Tribes traditional dwellers dispose of such petition: 25 CHAPTER IV AUTHORITIES AND PROCEDURE FOR VESTING OF FOREST RIGHTS 6. (1) The Gram Sabha shall be authity to initiate process f determining nature extent of individual community rights both that may be given to dwelling Schedled Tribes traditional dwellers within local limits of its jurisdiction under this Act by receiving claims, consolidating verifying m preparing a map delineating area of each recommended claim in such manner as may be prescribed f exercise of such rights Gram Sabha shall, n, pass a resolution to that effect reafter fward a copy of same to Sub-Divisional Level Committee. (2) Any person aggrieved by resolution of Gram Sabha may prefer a petition to Sub-Divisional Level Committee constituted under sub-section (3) Sub-Divisional Level Committee shall consider dispose of such petition: Provided that every such petition shall be preferred within sixty days from date of passing of resolution by Gram Sabha: Provided furr that no such petition shall be disposed of against aggrieved person, unless he has been given a reasonable opptunity to present his case. (3) The State Government shall constitute a Sub-Divisional Level Committee to examine resolution passed by Gram Sabha prepare recd of rights fward it through Sub-Divisional Officer to District Level Committee f a final decision. (4) Any person aggrieved by decision of Sub-Divisional Level Committee may prefer a petition to District Level Committee within sixty days from date of decision of Sub-Divisional Level Committee District Level Committee shall consider 69 of 1980

7 53 of Provided that no petition shall be preferred directly befe District Level Committee against resolution of Gram Sabha unless same has been preferred befe considered by Sub-Divisional Level Committee: Provided furr that no such petition shall be disposed of against aggrieved person, unless he has been given a reasonable opptunity to present his case. (5) The State Government shall constitute a District Level Committee to consider finally approve recd of rights prepared by Sub-Divisional Level Committee. (6) The decision of District Level Committee on recd of rights shall be final binding. (7) The State Government shall constitute a State Level Moniting Committee to monit process of recognition vesting of rights to submit to nodal agency such returns repts as may be called f by that agency. (8) The Sub-Divisional Level Committee, District Level Committee State Level Moniting Committee shall consist of officers of departments of Revenue, Fest Tribal Affairs of State Government three members of Panchayati Raj Institution at appropriate level, appointed by respective Panchayati Raj Institutions, of whom two shall be Scheduled Tribe members at least one shall be a woman, as may be prescribed. (9) The composition functions of Sub-Divisional Level Committee, District Level Committee State Level Moniting Committee procedure to be followed by m in discharge of ir functions shall be such as may be prescribed. CHAPTER V OFFENCES AND PENALTIES 7. Where any authity Committee officer member of such authity Committee contravenes any provisions of this Act any rule made reunder concerning recognition of rights, it, y, shall be deemed to be guilty of an offence under this Act shall be liable to be proceeded against punished with fine which may extend to one thous rupees: Provided that nothing contained in this sub-section shall render any member of authity Committee head of department any person referred to in this section liable to any punishment if he proves that offence was committed without his knowledge that he had exercised all due diligence to prevent commission of such offence. 8. No court shall take cognizance of any offence under section 7 unless any dwelling Scheduled Tribe in case of dispute a relating to a resolution of a Gram Sabha Gram Sabha through a resolution against any higher authity gives a notice of not less than sixty days to State Level Moniting Committee State Level Moniting Committee has not proceeded against such authity. CHAPTER VI Offences by members officers of authities Committees under this Act. Cognizance of offences. 45 of 1860 MISCELLANEOUS 9. Every member of authities referred to in Chapter IV every officer exercising any of powers conferred by under this Act shall be deemed to be a public servant within meaning of section 21 of Indian Penal Code. Members of authities, etc. to be public servants. 10. (1) No suit, prosecution legal proceeding shall lie against any officer employee of Central Government State Government f anything which is in good faith done intended to be done by under this Act. Protection of action taken in good faith.

8 Nodal agency. Power of Central Government to issue directions. Act not in derogation of any law. Power to make rules. 8 (2) No suit legal proceeding shall lie against Central Government State Government any of its officers employees f any damage caused likely to be caused by anything which is in good faith done intended to be done under this Act. (3) No suit legal proceeding shall lie against any authity as referred to in Chapter IV including its chairperson, members, member-secretary, officers employees f anything which is in good faith done intended to be done under this Act. 11. The Ministry of Central Government dealing with Tribal Affairs any officer authity authised by Central Government in this behalf shall be nodal agency f implementation of provisions of this Act. 12. In perfmance of its duties exercise of its powers by under this Act, every authity referred to in Chapter IV shall be subject to such general special directions, as Central Government may, from time to time, give in writing. 13. Save as wise provided in this Act Provisions of Panchayats (Extension to Scheduled Areas) Act, 1996 provisions of this Act shall be in addition to not in derogation of provisions of any law f time being in fce. 14. (1) The Central Government may, by notification, subject to condition of previous publication, make rules f carrying out provisions of this Act. (2) In particular, without prejudice to generality of fegoing powers, such rules may provide f all any of following matters, namely: (a) procedural details f implementation of procedure specified in section 6; (b) procedure f receiving claims, consolidating verifying m preparing a map delineating area of each recommended claim f exercise of rights under sub-section (1) of section 6 manner of preferring a petition to Sub-Divisional Committee under sub-section (2) of that section; (c) level of officers of departments of Revenue, Fest Tribal Affairs of State Government to be appointed as members of Sub-Divisional Level Committee, District Level Committee State Level Moniting Committee under sub-section (8) of section 6. (d) composition functions of Sub-Divisional Level Committee, District Level Committee State Level Moniting Committee procedure to be followed by m in discharge of ir functions under sub-section (9) of section 6; (e) any matter which is required to be, may be, prescribed. (3) Every rule made by Central Government under this Act shall be laid, as soon as may be after it is made, befe each House of Parliament, while it is in session, f a total period of thirty days which may be comprised in one session in two me successive sessions, if, befe expiry of session immediately following session successive sessions afesaid, both Houses agree in making any modification in rule of both Houses agree that rule should not be made, rule shall reafter have effect only in such modified fm be of no effect, as case may be; so, however, that any such modification annulment shall be without prejudice to validity of anything previously done under that rule. 40 of 1996

9 LOK SABHA A BILL to recognise vest rights occupation in l in dwelling Scheduled Tribes traditional dwellers who have been residing in such s f generations but whose rights could not be recded; to provide f a framewk f recding rights so vested nature of evidence required f such recognition vesting in respect of l. (As passed by Lok Sabha) MGIPMRND 4429LS(S-5)