X. THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 \[Act No. 2 OF 2007] [29th December, 2006] An Actto recognise and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded; to provide for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forest land. WHEREAS the recognised rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers include the responsibilities and authority for sustainable use, conservation of biodiversity and maintenance of ecological balance and thereby strengthening the conservation regime of the forests while ensuring livelihood and food security of the forest dwelling Scheduled Tribes and other traditional forest dwellers; AND WHEREAS the forest rights on ancestral lands and their habitat were not adequately recognised in the consolidation of State forests during the colonial period as well as in independent India resulting in historical injustice to the forest dwelling Scheduled Tribes and other traditional forest dwellers who are integral to the very survival and sustainability of the forest ecosystem; AND WHEREAS it has become necessary to address the long standing insecurity of tenurial and access rights of forest dwelling Scheduled Tribes and other traditional forest dwellers including those who were forced to relocate their dwelling due to State development interventions. BE it enacted by Parliament in the Fifty-seventh Year of the Republic of Indias follows:- CHAPTER-I PRELIMINARY 1. Short title and commencement :- (1) This Act may be called the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. 1. Received the assent of the president on 29-12-2006 and Pub-in the Gaz. of India, Ptll. EXtNo.2, dt. 2-1-2007.1398 Andhra Pradesh Forest Laws [Sec.2 (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) Itshall come into force on such date' as the Central Government may, bynotificationin the Official Gazette, appoint. 2. Definitions :-In this Act, unless the context otherwise requires,- (a) “community forest resource” means customary common forest Jand within thetraditional orcustomary boundaries of the village orseasonal use oflandscape in the case of pastoral communities, including reserved forests, protected forests and protected areas suchas Sanctuaries and National Parks towhichthecommunity had traditional access; (b) “critical wildlife habitat” means such areas of National Parks and Sanctuaries where it has been specificallyand clearly established, case by case, onthebasis ofscientitic 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 bythe Central Govemmentinthe Ministry of Environment and Forests after open process of consultation by an Expert Committee, which includes experts from the locality appointed by that Government whereina representative of the Ministry of Tribal Affairs shall also be included, in determining such areas according to the procedural requirements arising from sub-sections (1) and (2) of section 4; (c) “forest dwelling Scheduled Tribes” means the members or community ofthe Scheduled Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood needs and includes the Scheduled Tribe pastoralist communities; (d) “forestland” means|and ofany description falling within any forest area and includes unclassified forests, undemarcated forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries and National Parks; (e) “forestrights” means the forest rights referred to in section 3; (£) “forest villages” means the settlements which have been established insidethe forests by the forest department ofany State Government for forestry operations or which were converted into forest villages through the forest reservation process and includes forest settlement villages, fixed demand holdings, all types oftaungya settlements, by whatevername called, for such 1. Came into force on 31-12-2007, vide Notification No. $.O. 2224 (E), dated 31-12-2007~— 32 ‘The Andhra Pradesh Forest Act, 1967 [Sec. 288 CHAPTER TII-At (Note: Applicable to Schedule Areas) Preservation of Private Forests 28-A. Definitions:~ In this Chapter, unless the context otherwise, requires- (a) ‘forest includes waste or communal land containing tree growth and shrubs, pasture land and any other class of Jand declared, by the Government in this behalf by notification in the Andhra Pradesh Gazette, to be forest; (b) ‘owner’ in relation to a forest includes a mortgagee, lessee or other person having right to possession and enjoyment of the forest; (©) ‘person'includes a Hindu undivided family. 21(d) “District Collector” means, the Collector of the District concerned and inchides any officer appointed by the State Government by a notification to exercise and perform such of the powers and functions of a District Collector under this Act, as may be specified in such notification.] CASE LAW (i) Inclusion of Chapter IIIA is not unconstitutional as the provisions relate to forests in scheduled areas and are not applicable to ryoti villages. Gulam Intiazuddin and others vs. Secretary to Govt. of A.P, AIR 1982 AP 397 ; 1982 (2) ALT 5 (NRO). 28-B. Preservation of private forests:— (1)(a) No owner of any forest shall, without the previous sanction of the District Collector sell, mortgage, lease or otherwise alienate the whole or any portion of the forest or the forest produce. 2[Provided that any Power of Attomey or Authority Letter or Bond, or similar Deed executed or a contract licence or any other transaction 1, Inserted by the Notification issued with GO.Ms.No. 871, F&RD, dt. 17-11-1977 in exercise of the powers conferred by sub-paragraph(1) of paragraph $ of the Sth Scheduled to the Constitution of India, the Governor ‘of A.P. hereby directs that the A.P. Forest Act, 1967 (A.P. Act of 1967) shall apply 0: the Scheduled Areas in the State of A.P, subject to the modifications (as contained in Sections 28A to 28G). 2. Added by GO.Ms.No. 210, E,F,E,S&T (For III) dt. 20-7-1988, Published in AP. Gazette, Part I dt. 1-9-1988 at page 688.Y Registered No. HSE—49. soe sat a ASA THE ANDHRA PRADESH GAZETTE PUBLISHED By AUTHORITY No.1] Part 1—Notifications by Government, Heads of HYDERABAD, “THURSDAY, JANUARY 4, 1979 Departments and other Officers, Etc. CONTENTS OFFICE OF THE SECRETARY TO THE GOVERNOR OF ANDHRA PRADESH Tou PaOaRavsit OF TWE GOVERNOR OF Asitna Maacisx—Visit to Kerala State from $ih vo 1015 Jaausry 1979 NOTIFICATIONS BY GOVERNMENT Pacts, EDUCATION DEPARTMENT. Arrests + ‘i 3 oe FINANCE DEPARTMENT, in, Wheg—Adeenoll) Paowonox 1 (Ein. Wing=F.RoD. Nonnearion : edment 9 the Fender esses Givi sere FORESTS AND RURAL DEVELOPMENT ‘DEPARTMENT. (rerestttt) Nenneanos + Extension of scheduled areas under the Andbta Par Meh Fores Act 190 " a GENERAL ADMIN (elle 8.) coors ance see) carton: ‘mation of Si Taderjt Noga io Indian Potice ee : Rules and the ISTRATION DEPARTMENT, (Special a.) Nonneation : The Indian Administrative Service (Fixation of Gadre steaps) Fourusnth Amendrert Re ton, 1978 i! fs er (Services) NotintcaTion = Persons authentd 0 execute contacts deeds an her inten en tee hs Goneace ne (reariem) Arronnuent HOUSING, MUNICIPAL ADMINISTRATION ‘AND URBAN DEVELOPMENT DEPART: ‘Anluza Pradesh (Andhra Area) Town Planning Act, 1920 eens rane 4 CCertsin deaf variations in the Master Plea of Elurw Musici Guniue Municipality’ |. Certs variations in the Develanmnent “Dist Tor tne eitie Of Hyvoratad snd Secunder™ sbad=Coatmed ese ee ee [Price Rs. 1.40 Poise, Paows. GENERAL ADMINISTRATION DEPARTMENT—(Contd.) i920 2 nasNOTIFICATIONS BY GOVERNMENT FINANCE AND PLANNING DEPARTMENT (FIN. WING—ADMN-IL) Eydercbod, Nevenber 20,1978, 37 fa) (of the General Rules for the AP. State te Services, Se A.A. Quadecr, Supetinindent of the "Ditceterate of vrerce ALP. Uygersbad temoranly Rremoted as At. Diteor of Inserance fom the date of aking SN, SUBRAMANIYAN, ein Secretery 10 Gorerement (FIN.—WING—FR. AMENDMENT TO THE FUNDAMENTAL RULES AND. THE HYPERAPAD CIVIL SERVICE RULES, (6.0.MiNe. 21%, Fvance ont Plenive FinsVnesFR, a ‘28th Ceroter, 1978.) rt Tin exercise of the powers conferred by the Proviso 19 Attic cle 309 tes wih Artibe 313 ef the Constuton cf Tau, the Governor of Ans Pradesh hereby mskes the following Amend: In the said rules, in Table Il (Non-Gareted Oftcer) teow utsidiary tule €6 after ettey 50. tte following eat shal be aed eae Fire Senices Deprtmert "51. Deputy Disccior Non-Gavetted Ofcers of ‘tire Senices. "the lee of the Dicctor of re Servi tn cxerie of te powers conered bythe Provise 10 le 309 of the Consttution of India. the Governor of poh Fradgh hereby wakes the following Armendmeat 9 the Whdee shed Civ Serices Rule, ( Volume ~ Wi). Anehent In Chapter * X* of Aprende 1. under item 17, after subitem 3), fhe folioming sut-tem shall Seeéeed. oem Piee Sersices Deporimen Fatt Powers, pike PEK NSE Omenet se | Folnt Secretary to Government, FORESTS AND RURAL DEVELOPMENT DEPARTMENT. (FOREST—IIN) EXTENSION OF SCHEDULED AREAS UNDER THE ANDHRA PRADESH FOREST ACT, 1967. 816, Forests and Rural Development Wate Merrett, 25th November, 1978) ratias under the Andhra Pradesh Mahals (Ato and Conversion into Ryotwari) Regulation, 1969 (Andhin Pradesh Regulation I of 1969). the Andhra sn and Conversion into Ryotwari) Regulation, 1969, (Andhra Pradesh Regu ation IC of 1569), the Andhra Pra Scheduled ‘Areas Ryotwari Settlement Regulation, 1970 (Andhra Prodesh Regulation It of 1970) and the Darkhasth Rules (Rules made under Sections If and If of Board's Standing Order 15), cor bs rowth sei Andhea Pradesh Gazeite, SHRAVAN KUMAR, Sceretary to Government. Pradesh Mutias (Abolit GENERAL ADMINISTRATION DEPARTMENT (SERVICES—C) AMENDMENT TO NOTIFICATION PERSONS AUTHORIS- ED TO FXFCUTE CONTRAGTS. DEEDS AND OTER INSTRUMENTS ON BEHALF OF THE GOVERNOR: 1.6.0. Me. Mo, 665. Generel adminirstion (Serie ‘Lith November, 1978.) ¢ cake Not. Jo rere of the covers conferred by clame (1 of article preliheContoh af nas he Gating et th may rake the falewine amendmen o ike Notion Rosey G'O" Ne Nos nih Gare Aamieitranen eee sere led he 240 Ocha Teh and_ Shed St see | 1019 of ne {aentaoraay ofthe endhee Gazeite, dated the 3rd November, 1958 se sa Avevonet Im the ssi notication, the exist ts tubs £9) of that hen and fontwing shall be added, namely 2° 66 shall be re-oumbered Wit $0 renumbered the. obtaining Authorty Authored. fsoay- | Dirmctar ef Loeal Kun, "(89 Todemnity Ronds for Dunfiate Nank Brae for rent of Cy andere Adeinmat ae Meee es: Frnclamen Comastiney Deposit’. fivseae Frauen Comaston Denon Ryeenbud pitsuxrt Serty 9 omen