IMPLEMENTATION OF FRA

1. FRA Implementation Status

• Responsible Authority: State Governments (as per FRA, 2006 and Rules).
• Implemented in: 20 States and 1 Union Territory (UT).
• Monitoring Body: Ministry of Tribal Affairs (MoTA) – reviews Monthly Progress Reports from States/UTs.

2. Community Claims under FRA (Till 31 May 2025)

Over 82% of community claims have been processed; ~17% still pending.

CONSTITUTIONAL & ADMINISTRATIVE FRAMEWORK

• Land & Management: Falls under State List (Entry 18, List II, Seventh Schedule) – State subject.

• Central Nodal Ministry for Land Matters:
  ➤ Ministry of Rural Development (Department of Land Resources - DoLR)

• Nodal Ministry for FRA:
  ➤ Ministry of Tribal Affairs (MoTA)

  • Exercises powers under Section 12 of FRA to issue guidelines and directions for effective implementation.

 KEY SAFEGUARDS FOR TRIBAL COMMUNITIES

(1) Fifth Schedule of the Constitution (Schedule-V)

• Applies to Scheduled Areas in States (except Assam, Meghalaya, Tripura, Mizoram).
• Governor’s Powers:
  • Can prohibit/restrict transfer of land from tribals.
  • Can regulate allotment of land to STs.
• Para 5.2: Aims at total prohibition on transfer of immovable property in Scheduled Areas to non-tribals.

(2) PESA Act, 1996 (Panchayats Extension to Scheduled Areas)

• Gram Sabha or Panchayat must be consulted before:
  • Acquisition of land in Scheduled Areas for development projects.
  • Resettlement/rehabilitation of affected persons.

(3) Forest Rights Act (FRA), 2006

• Aims to recognize and vest forest rights to Forest Dwelling Scheduled Tribes (FDSTs) and Other Traditional Forest Dwellers (OTFDs).
• Prevents arbitrary eviction and promotes grassroots democratic participation.

Key Provisions of FRA:

• Section 4(4):

  • Rights are heritable, but not alienable or transferable.
  • Must be registered jointly in names of both spouses (if married), or single head otherwise.
  • In absence of heir, passes to next-of-kin.

• Section 4(5):

  • No eviction of forest dwellers until the recognition and verification process is complete.

(4) SC/ST (Prevention of Atrocities) Act, 1989

• Criminalizes:
  • Wrongful dispossession of STs from land/forest rights.
  • Interference with enjoyment of rights (land, water, crops, produce).
• Such acts are punishable as atrocities.

(5) RFCTLARR Act, 2013 (Land Acquisition Law) 

{ Right to Fair Compensation and Transparency in Land Acquisition, Rehabilitation, and Resettlement Act, 2013}

• Contains special provisions for STs (Sections 41 & 42).

Key Schedules:

• First Schedule: Compensation for landowners.

  • Includes persons with FRA-granted rights (Section 3(r)(ii)).

• Second Schedule: Rehabilitation & Resettlement (R&R) for:

  • Landowners and
  • Families whose livelihood depends on acquired land.

• Third Schedule: Provides for infrastructure amenities in resettlement areas (e.g., housing, water, roads).

Procedural Safeguards:

• Identification of affected families: Section 3(c)
• Compensation calculation: Sections 26–29
• R&R planning: Chapters V & VI

 ENVIRONMENT & RESTORATION INITIATIVES

Compensatory Afforestation Fund (CAF)

• Governed by: CAF Act, 2016 and CAF Rules, 2018
• Implemented by: Ministry of Environment, Forest & Climate Change (MoEF&CC)
• Activities: Afforestation, eco-restoration in forest areas
• Involvement of Communities: Tribal and forest-dwelling communities are involved in implementation.

 MINING & TRIBAL WELFARE: DMF & PMKKKY

District Mineral Foundation (DMF)

• Established under MMDR Act (amended 2015).
• Purpose: Benefit people and areas affected by mining operations.
• Number Established: 646 DMFs across 23 States.

Pradhan Mantri Khanij Kshetra Kalyan Yojana (PMKKKY)

• Launched on 16.09.2015; Revised Guidelines: 15.01.2024
• Aims at welfare of mining-affected areas using DMF funds.

Special Provision for Scheduled Areas (Cl

ause 7, PMKKKY 2024):

Utilization of PMKKKY funds in Scheduled Areas must follow:

• Article 244 + Schedule V & VI of Constitution
• PESA Act, 1996
• FRA, 2006

SPECIAL PROVISIONS FOR TRIBALS

1. Fifth Schedule: Land transfer restrictions; Governor’s oversight.
2. PESA, 1996: Gram Sabha consultation mandatory for land acquisition.
3. FRA, 2006: Recognition of forest rights; no alienation; no eviction during verification.
4. POA Act, 1989: Dispossession of STs = Atrocity (punishable).
5. RFCTLARR Act, 2013: Enhanced compensation, R&R, and inclusion of FRA-right holders.
6. PMKKKY 2024: Funds in Scheduled Areas must comply with constitutional safeguards.