Srinagar: The Jammu and Kashmir Tribal Affairs Department has directed all Deputy Commissioners to expedite the receipt, verification and settlement of claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
The directions have been issued through a government circular aimed at ensuring the timely completion of the statutory process for recognition of forest rights through the three-tier mechanism prescribed under the Act.
The department has asked all districts to complete the verification and settlement of claims under the Forest Rights Act (FRA) and submit completion certificates after the process is concluded.
The circular reiterates the provisions of Section 4(5) of the Act, which states that no member of a forest-dwelling Scheduled Tribe or other traditional forest dweller can be evicted from forest land under his or her occupation until the recognition and verification process is completed.
It also highlights the role of the Gram Sabha under Section 6 of the Act in receiving, scrutinising and verifying claims, preparing maps of recommended claims and forwarding them to the Sub-Divisional Level Committee (SDLC) for further examination.
The department said appeals against Gram Sabha resolutions may be filed before the SDLC, while decisions of the SDLC can be challenged before the District Level Committee (DLC), whose decision on the record of forest rights is final under the Act.
As the nodal department for implementation of the Forest Rights Act in Jammu and Kashmir, the Tribal Affairs Department also clarified that the Act applies to municipal and urban areas. In such areas, the functions of the Gram Sabha will be performed by Ward Committees, where constituted, or by assemblies of adult residents in accordance with the guidelines issued under the Act.
The department further directed districts that have already completed the recognition and settlement process to submit formal completion certificates for consolidation of the Union Territory-wide implementation status.
According to the department, the directions are in line with the government’s emphasis on effective implementation of the Forest Rights Act while safeguarding the rights of eligible Scheduled Tribes and other traditional forest dwellers.
It also reiterated that any eviction proceedings, wherever legally warranted, must strictly follow the due process prescribed under the Act and the guidelines laid down by the Supreme Court.
