Forest Rights Act, 2006 and Amendment Rules, 2012:
SCSTRTI, Govt. of Odisha & VASUNDHARA,
Bhubaneswar Conversion of Forest Villages/ Old Habitations into Revenue Village • Section 3.1.(h) of the Act mentions that “settlement and conversion of all villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages; • Rule 12B.(5)mentions that, “ conversion of forest villages, unrecorded settlement under the clause (h) of section 3 shall include the actual land-use of the village in its entirety, including lands required for current or future community uses, like, schools, health facilities and public spaces. • Rules 2A provides identification of hamlets or settlements and process of their consolidation. • Section 4(7) of the Act provides that forest rights shall be free of all encumbrances & procedural requirements, including clearance under the Forest Conservation Act, 1980. Conversion of Forest Villages/ Old Habitations into Revenue Village
• Rules 2A provides identification of hamlets or
settlements and process of their consolidation • Rule 12B.(5) mentions that, “conversion of forest villages, unrecorded settlement under the clause (h) of section 3 shall include the actual land-use of the village in its entirety, including lands required for current or future community uses, like, schools, health facilities and public spaces.
SCSTRTI, Govt. of Odisha & VASUNDHARA, Bhubaneswar
Process of Identification and Consolidation of hamlets or Settlements Publication of List (either Forwarding the list to adding to the existing DLC after completion of Preparation of list by GP village or following the process as required under process as provided in the State Law relevant State laws)
Publication of List for
Gram Sabha at each such Consolidation of List by Public Comments by Habitation level by GP Sub-Divisional Officer DLC
Passing of Resolution at Declaration of listed
Passing of Resolution GP & Submission of List hamlets/ settlements as to SDLC Revenue Village Clarification by MoTA on Conversion of Forest Villages/un- surveyed village/old habitations/settlements • MoTA has clarified a number issues related to conversion of forest villages/un-surveyed villages/old habitations and settlements located inside the forestland vide its letter No. 23011/33/2010/FRA, dated 8.11.2013 – Applicability of Forest Conservation Act, 1980 and Supreme Court Judgment dated 13.11.2003 in I.A.No.2 in WP No. 337/1995 – Requirement of Approval of MoEF under FCA, 1980 – Villages located in such land which are not classified as forest land – De-Notification/De-Reservation of Forest Land – Villages located inside the National Park, Wildlife Sanctuaries and Tiger Reserves – Conversion of Forest Villages into Revenue Villages primarily inhabited by OTFDs • Clarification regarding Constitution of FRCs, where less number of adult members are available against the number specified for constitution of FRC are there
SCSTRTI, Govt. of Odisha & VASUNDHARA, Bhubaneswar
Identification • Identification through Gram Panchayat: Gram Panchayat to prepare a list of forest villages, un-surveyed villages, old habitations or settlements within the forestland • Identification through Government Records: All villages/settlements on forest land should be identified with the help of District Statistical Handbooks and Census Village Directories. All settlements with zero revenue land should be presumed to be forest villages in order to be converted into revenue villages under the Act. • Obtaining List from Forest Department: List of forest villages can be obtained from Divisional Forest Office. • Obtaining List from Revenue Department: Villages rehabilited in the forestland, those displaced from developmental projects. • Call for Public Suggestions: Public suggestions and inputs should be invited through a public notice in all panchayat offices, forest offices and market places informing the public of this right and requesting villages on forest land to submit claims or to contact the concerned officials for assistance. Thanks Any Questions and Clarifications….