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Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006
In this Act, unless the context otherwise requires,--
(a) ''community forest resource'' means customary common forest land within the traditional or
customary boundaries of the village or seasonal use of landscape in the case of pastoral communities,
including reserved forests, protected forests and protected areas such as Sanctuaries and National
Parks to which the community had traditional access;
(b) ''critical wildlife habitat'' means such areas of National Parks and Sanctuaries where it has
been specifically and clearly established, case by case, on the basis of scientific and objective criteria,
that such areas are required to be kept as inviolate for the purposes of wildlife conservation as may be
determined and notified by the Central Government
(1) For
the purposes of this Act, the following rights, which secure individual or community tenure or both, shall
be the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest
lands, namely:--
(a) right to hold and live in the forest land under the individual or common occupation for
habitation or for self-cultivation for livelihood by a member or members of a forest dwelling
Scheduled Tribe or other traditional forest dwellers;
(b) community rights such as nistar, by whatever name called, including those used in erstwhile
Princely States, Zamindari or such intermediary regimes;
(c) right of ownership, access
(1) Notwithstanding anything contained in any other law for the time being
in force, and subject to the provisions of this Act, the Central Government hereby recognises and vests
forest rights in--
(a) the forest dwelling Scheduled Tribes in States or areas in States where they are declared as
Scheduled Tribes in respect of all forest rights mentioned in section 3;
(b) the other traditional forest dwellers in respect of all forest rights mentioned in section 3.
(2) The forest rights recognised under this Act in critical wildlife habitats of National Parks and
Sanctuaries may subsequently be modified or resettled, provided that no forest rights holders shall be
resettled or have their rights in
The holders of any forest right, Gram Sabha and village level
institutions in areas where there are holders of any forest right under this Act are empowered to--
(a) protect the wild life, forest and biodiversity;
(b) ensure that adjoining catchments area, water sources and other ecological sensitive areas are
adequately protected;
(c) ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers
is preserved from any form of destructive practices affecting their cultural and natural heritage;
(d) ensure that the decisions
(1) The Gram Sabha shall be the authority to initiate the process
for determining the nature and extent of individual or community forest rights or both that may be given
to the forest dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its
jurisdiction under this Act by receiving claims, consolidating and verifying them and preparing a map
delineating the area of each recommended claim in such manner as may be prescribed for exercise of such rights and the Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a copy of the
same to the Sub-Divisional Level Committee.
(2) Any person aggrieved by the resolution of the Gram Sabha may prefer a petition to the
Sub-Divisional Level Committee constituted under sub-section (3) and the Sub-Divisional Level
Committee shall consider and dispose of such petition:
Where any
authority or Committee or officer or member of such authority or Committee contravenes any provision
of this Act or any rule made thereunder concerning recognition of forest rights, it, or they, shall be
deemed to be guilty of an offence under this Act and shall be liable to be proceeded against and punished
with fine which may extend to one thousand rupees:
Provided that nothing contained in this sub-section shall render any member of the authority or
Committee or head of the department or any person referred to in this section liable to any punishment if
he proves that the offence was committed without his knowledge or that he had exercised all due
diligence to prevent the commission of such offence.
No court shall take cognizance of any offence under section 7 unless any
forest dwelling Scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or the Gram
Sabha through a resolution against any higher authority gives a notice of not less than sixty days to the
State Level Monitoring Committee and the State Level Monitoring Committee has not proceeded against
such authority.
(1) No suit, prosecution or other legal proceeding shall
lie against any officer or other employee of the Central Government or the State Government for anything
which is in good faith done or intended to be done by or under this Act.
(2) No suit or other legal proceeding shall lie against the Central Government or the State
Government or any of its officers or other employees for any damage caused or likely to be caused by
anything which is in good faith done or intended to be done under this Act.
(3) No suit or other legal proceeding shall lie against any authority as referred to in Chapter IV
including its Chairperson, members, member-secretary, officers and other employees for anything which
is in good faith done or intended to be done under this Act.
The Ministry of the Central Government dealing with Tribal Affairs or any
officer or authority authorised by the Central Government in this behalf shall be the nodal agency for the
implementation of the provisions of this Act.
In the performance of its duties and exercise
of its powers by or under this Act, every authority referred to in Chapter IV shall be subject to such
general or special directions, as the Central Government may, from time to time, give in writing.
Save as otherwise provided in this Act and the
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996), the provisions
of this Act shall be in addition to and not in derogation of the provisions of any other law for the time
being in force.
(1) The Central Government may, by notification, and subject to the
condition of previous publication, make rules for carrying out the provisions of this Act.
(2) In particular, and without prejudice to the generality of the foregoing powers, such rules may
provide for all or any of the following matters, namely:--
(a) procedural details for implementation of the procedure specified in section 6;
(b) the procedure for receiving claims, consolidating and verifying them and preparing a map
delineating the area of each recommended claim for exercise of forest rights under sub-section (1) of
section 6 and the manner of preferring a petition to the Sub-Divisional Committee under sub-section
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(1) This Act may be called the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
(2) It extends to the whole of India 1***.
(3) It shall come into force on such date2
as the Central Government may, by notification in the
Official Gazette, appoint.
Every member of the authorities referred to
in Chapter IV and every other officer exercising any of the powers conferred by or under this Act shall be
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860). Section 9 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) is a transitional and procedural provision that primarily deals with the constitution and functioning of the State Level Monitoring Committee (and, by extension, the District Level Committee) responsible for overseeing the process of recognition and vesting of forest rights. It also specifies the powers, duties, and procedural safeguards attached to these authorities as they adjudicate claims of forest dwelling Scheduled Tribes and other traditional forest dwellers. Section 9 mandates the creation of a State Level Monitoring Committee by the State Government. The committee is charged with:- Developing criteria and indicators for monitoring the process of recognition and vesting of forest rights;- Monitoring the implementation of the Act;- Ensuring that the rights of forest dwelling Scheduled Tribes and other traditional forest dwellers are recognized and protected;- Reviewing the functioning of the District Level Committees;- Addressing grievances and ensuring compliance with procedural requirements. The section also provides for the composition, chairperson, and procedural framework of the committee, and empowers it to make recommendations and issue directions to the District Level Committees and other authorities. Section 9 applies to:- Forest dwelling Scheduled Tribes and other traditional forest dwellers who have occupied forest land before 13th December 2005;- State Level Monitoring Committees constituted under the Act;- District Level Committees whose functioning is reviewed and monitored by the State Level Committee;- Government authorities and functionaries involved in the process of recognition and vesting of forest rights;- Grievance redressal mechanisms for forest dwelling communities. The section is essentially procedural and administrative in nature, and it does not directly confer or vest any forest rights. Rather, it provides the institutional framework for monitoring and ensuring the effective implementation of the Act. Section 9 itself does not prescribe any punishment. However, the Act as a whole provides for punishment for offenses under Section 9 of the FRA in cases where any person, including a public servant, commits an offense under the Act. The relevant provisions are:- Section 17 of the FRA: Provides for punishment for offenses committed under the Act, including imprisonment and fine.- Section 18 of the FRA: Provides for the procedure for trial of offenses under the Act.- Section 19 of the FRA: Provides for the protection of action taken in good faith under the Act. In cases where a public servant commits an offense under Section 9 of the FRA, the punishment provided under Section 17 of the FRA would apply, which includes imprisonment for a term which may extend to three years and a fine.Legal Comments: Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 — Section 9
Introduction
What Does Section 9 Say
Essential Ingredients
Scope of Section
Punishment for Section
Legal Comments
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