Information System distributing Forest Rights

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Information System distributing Forest Rights

• http//forestrights.nic.in or forestrights.gov.in

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Schedule Tribe and other Traditional Forest
Dwellers (recognition of Forest Rights) Act, 2006

• The Forest Rights Act basically seeks to legalise
  existing rights to undo a historic injustice
  against indigenous and tribal peoples of India.
• Applicable to all the States/UTs excluding JK
• Including approx 2474 forest villages in 12
  STATES/UT

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Peculiarities of North East

• Nagaland and Mizoram No effect unless State
  Assembly passes resolution -Article 371 (A) (G)
  provides that (1) Notwithstanding anything in
  this Constitution,(a) no Act of Parliament in
  respect of(ii) Naga customary law and procedure
  (iv) ownership and transfer of land and its
  resources, shall apply to the State of
  Nagaland/Mizoram unless the Legislative Assembly
  of Nagaland Mizoram by a resolution so
  decides.
• Areas under the Sixth Schedule -The areas of
  Assam, Tripura, Mizoram and Meghalaya that fall
  under the Sixth Schedule have a different type of
  protection. The Sixth Schedule clearly provides
  that the Autonomous District Councils (ADCs) of
  these areas have the power to make laws with
  respect to forests (excepting reserved forests)
  and with respect to land.
•  

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Functional Scope of project

• Rights and responsibility under the ACT
  (Individual and community) (Phase I)
• Infrastructure- road, communication, community
  centres, health centres, schools, anganwadis,
  hostels (Existing and ongoing financial and
  physical) (Phase II)
• Livelihood poverty assistance, health,
  education etc. (Individual and household) (Phase
  II)

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Schedule Tribe and other Traditional Forest
Dwellers (recognition of Forest Rights) Act, 2006
-Rights and Responsibilities

• Individual Claims
• Rights for habitation
• Rights for self cultivation
• Rights on disputed land for habitation/self
  cultivation
• Right of conversion of any Patta/Lease/Grant
• Right for in situ rehabilitation or alternative
  land in case of illegal eviction
• Rights on land where displaced with out land
  compensation
• Any other traditional right not included above

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Schedule Tribe and other Traditional Forest
Dwellers (recognition of Forest Rights) Act, 2006
-Rights and Responsibilities

• Community Claims-
• Nistar rights-sharing of natural forest resources
  
• Rights on minor forest produce
• Entitlement of fishing, water bodies, grazing and
  traditional resources access for nomadic people
• Tenure for habitat and habitation
• Access to bio-diversity, intellectual property
  and traditional knowledge
• Other community traditional rights not covered
  above

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http//forestrights.gov.in ..contd..

• Other Key Points
• Conversion of forest villages into revenue
  villages so they also get covered under normal
  development administration and schemes (such as
  GP, block etc)
• Any settlers after 13/12/2005 is to be considered
  outside the preview of act and are not entitled
  to rights under the act.
• Rights of re-settlement (residing in critical
  wild-life areas as defined by MoEF in National
  Park, Sanctuaries etc )

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http//forestrights.gov.in .. Key Points contd..

• Under the act diversion/use of forest land is
  possible for following purposes (Section 3(2))

• Education (Schools, Adult education, Hostels etc)
• Dispensary or hospitals
• Anganwari, Fair price shops, Electric and
  telecommunication lines
• Tanks and water bodies, Drinking water supply
  pipes lines
• Water rain harvesting structures, Minor
  irrigation canals
• Non conventional energy sources
• Skill upgradation and vocational trainings
  centres, Roads and community centres
• (Above diversion can be only done, if forest
  land required for any of the purposes is less
  than 1 hectares)
• (Also any of the above developmental scheme
  is recommended by Gram Sabha).
• But no rights on Hunting, trapping and extracting
  parts of wild animals
• Rights only for bona-fide livelihood not for
  commercial use
• Rights only inheritable not for sale/transfer

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Process Work Flow

• Formation of Committees
• Claimants will file the claims in prescribed
  formats. Format as given final rules by Ministry
  of Tribal Affairs can be used.
• Forest Rights committee (of Gram Sabha) shall
  collect, scrutinize and assist Gram Sabha (GS)
• GS will take view and pass the resolution (for
  and against) and forward to Sub Division Level
  Committee (SDLC)
• Compilation by SDLC (SDO Chairperson )
• SDLC will prepare the draft record of forest
  rights in a meeting and forward to District level
  Committee (DLC) through SDO
• District Committee will take the final decision
  (approve or reject)
• Aggrieved Claimant from GS/SDLC decisions could
  go to SDLC/ DLCOtherwise No direct petitions
• Once Record of forest rights are approved by DLC,
  the decisions will be sent to Revenue Department
  for updation of revenue records

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State Level Implementation and Monitoring

• State Tribal Department or Department looking
  after Tribal Affairs shall be the nodal agency
  for implementation of Act (list of Nodal
  agencies)
• Holding of Gram Sabha meetings
• SLC DLC and SDLC formation and notification
• All the states will be requested to enter details
  of DLC and SDLC through proposed online system

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Gram Sabha

• Vested considerable authority on Gram Sabha (PESA
  and non-PESA areas)
• GS meeting to be convened by Gram Panchayat.
• Form Forest Rights Committee (FRC) from its
  members of lt 10 persons where in 1/3rd shall be
  STs, 1/3rd women.
• GS will initiate the process of determination
  nature and extent of forest rights to be
  recognized and vested
• Receive and hear claims and forwarding resolution
  to SDL committee
• Regulate the access to forest resources
• Stopping activities which adversely affects
  wildlife, forests and imposing penalties by
  forming committees

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Sub Divisional Level Committee (SDLC) Under
SDO, FO, TO and 3 members from Block/Tehsil
Panchayats

• Provide forest and revenue maps
• Collate all resolution of Gram Sabha
• Hear and adjudicate disputes
• Prepare tehsil/block wise list of draft record of
  forest rights
• Input all the details received from Gram Sabha
  and its own decisions to portal using
  CICs/SDO/NIC Computer Centres
• Forwarding the claims to District Level Committee

• District Level Committee (DLC) Under DC
  with DTO, DFO and 3 members from District
  Panchayat
• Examining and approval of forwarded claims by
  SDLCs
• Hearing petition of aggrieved persons
• Issue order for incorporation of rights in
  revenue records

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Content Management

• State Tribal Department will have login to enter
  the details of the various committees (DLC and
  SDLC)
• Online (Sub-Division connected on internet)
• Local governance Work-Flow for SDLC office
• SDLC to collect/update data (Claims,
  infrastructure projects, beneficiaries) from Gram
  Sabha and make entry/update
• SDLC will also update the data related to
  proceedings of SDLC
• The system would have facility to attach scanned
  copies of various documents/evidences
• The entered data will be made available to DLC
  online
• The committee could operate the Information
  system online if the connectivity is available
  during their meetings and at a location of
  meeting.
• Offline (Sub-division having computers but no
  connectivity) Offline systems will be installed
  in the SDO office computers and data would be
  periodically exported to online system using CD
  or another external media
• Access to monitor the system would be given to
  State and MoT, GOI
• Common man could also submit and track the
  proposal/grievances All content would be in
  public domain making system fully RTI compliance.
• States would be advised to hire Data Entry
  Operator for at least 6 months at SDLC/DLC level
  from the date of notification of SDLC and DLC.
  This will ensure regular data entry and updation
  of claim cases and decisions of GS, SDLC etc.

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Capacity Building

• Introductory National Workshop To be attended
  by min two officials from each state/UTs
• State level detailed hands-on training Proposed
  to be attended by a member of each DLC and
  DIO(NIC)
• District level Ongoing measures- Training on
  usage of MIS would be imparted to following
  persons per district
• SDLC staff - 3
• DLC Staff 5

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Work Flow
Interfaces Data Entry of Committees
Data Entry of Claims, tracking
Decision Details of
Petitions , tracking Reports
Queries etc..
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Layout for Tribal Rights Portal English/Hindi
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Committee Entry Click
Entry Click
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Committee Entry Menu
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Committee Entry Form
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Member Updation
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Claim Entry Link
Claim entry
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Claim entry screen
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Evidences (any 2 out of these should be clicked
and scanned/uploaded (optional)
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Reports(Gram Sabha)

• Gram Sabha Meeting Date wise
• List of Claimants (date wise)
• Verification by FRC
• Recommended action to SDLC
• Not recommended
• Under examination
• lt 1 month
• lt 2 month
• gt month

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Reports (SDLC)

• SDLC Meeting held (date wise)
• Received Claims
• Returned to Gram Sabha for re-examination
• Recommended for acceptance
• Rejected Claims
• Appeal Received
• Under examination
• lt 1 month
• lt 2 month
• gt month

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Reports (DLC)

• DLC Meeting held (date wise)
• Received Claims
• Returned to SDLC for re-examination
• Recommended for acceptance
• Rejected Claims
• Appeal Received
• Under examination
• lt 1 month
• lt 2 month
• gt month

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Reports (State)

• List of GS, SDLC and DLC Meeting Date wise
• List of Claims (District Wise/Down)
• Approved Claims with Nature and Extents
• Rejected Claims
• Pending Claims at DLC, SDLC and GS
• No of Claims given ST
• No of Claims other Forest Dwellers
• Claims under Protected Forest

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Report (Ministry of Tribal Affairs)

• State Wise List of committees (FRC, SDLC, DLC and
  State Monitoring)
• State Wise List of Approved Claims/ Rejected/
  Pending Claims
• Claim Settled/ Rehabilitation done for Protected
  areas

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• Thank You

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Tribal Care

• Tribal Care project will be instrumental in
  providing a secured and efficient ICT services in
  the whole exercise of granting rights or
  compensation to the effected people and
  monitoring the Implementation

National Informatic Center
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Design Interface
National Informatic Center
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Login

• User can login from different level of
  authorities
• Gram Sabha
• Sub Division Level Community
• District Level Community

National Informatic Center
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National Informatic Center
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Login From Gram Sabha

• Gram Sabha have rights to claim and Decision
• a) Claimants may be
• Individual
• Community
• b) Decision taken by Gram Sabha against the claim

National Informatic Center
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Welcome Screen

• It display all the Claim waiting for Gram
  Sabha Decision and option for new individual
  claim and community claim

National Informatic Center
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Individual Claim
National Informatic Center
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Community Claim
National Informatic Center
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GS Decision for Individual Claim
National Informatic Center
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GS Decision for Community Claim
National Informatic Center
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Login from SDLC

• SDLC have rights to take a Decision
• Welcome Screen Shows all the claim (Individual
  and Community claim) waiting for their decision
  after the GS decision

National Informatic Center
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SDLC Decision for Individual Claim
National Informatic Center
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Login from DLC

• DLC have rights to take a Decision
• Welcome Screen Shows all the claim (Individual
  and Community claim) waiting for their decision
  after the GS decision and SDLC Decision

National Informatic Center
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DLC Decision for Individual Claim
National Informatic Center
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DLC Decision for Community Claim
National Informatic Center
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