FCA / RIGHTS OVER FOREST LAND /

Rights over forest land

The provisions of this Act (as well as the forest policy) do not interfere in any manner or restrict the Nistar, recorded rights, concessions and privileges of the local people for bonafide domestic use as granted by the state governments under the Indian Forest Act of 1927 or state Forest Acts/Regulations. However, it has to be ensured that while allowing such rights, concessions and privileges, the right holders do not resort to felling of trees or breaking up of the forest floor so as to procure stones, minerals, or take up constructions, etc. The forest produce so obtained shall not be utilized for any commercial purposes.

Collection of forest produce

The collection of forest produce (mentioned above) should be manual and should be transported through local modes of transport like bullock carts, camel carts, etc. and no mechanized vehicles shall be allowed to be used in transporting such forest produce. Only in exceptional cases, tractors mounted with trolley may be used, with the approval of the concerned Divisional Forest Officers.

The Supreme Court has passed an order on 14th February 2000, restraining removal of dead, diseased, dying or wind-fallen trees, drift wood and grasses etc. from any National Park or sanctuary.

Rehabilitation in case of displacement

If the project involves displacement of people, the proposal must be accompanied by a rehabilitation plan.

Click here to go to the section on ‘Rehabilitation of oustees’

Click here to read more about how the provisions of the Act deal with encroachments on forest land.

 

 

 

 

 

 

This guide is an additional aid to understanding the law. We have re-written some of the text in various and have not reproduced the exact text from the bare acts. While all efforts have been made to maintain the accuracy of this information, relevant official gazettes may be consulted for authenticity. The authors of this resource will not be responsible for any loss due to the information provided in this guide. Any discrepancy found may kindly be brought to our notice.