Maharashtra Guv Bhagat Singh Koshyari modifies Scheduled Tribes and Forest Dwellers Act

Maharashtra Governor Bhagat Singh Koshyari has made certain modifications in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in its application to Scheduled Area of the State of Maharashtra.

In a notification issued on May 18, 2020, in the exercise of the powers conferred on him by Schedule V of the Constitution, the Governor has modified Section 6 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, in its application to Scheduled Area of the State of Maharashtra.

The notification issued is a very important notification for providing justice to the tribals whose Individual Forest Right or Community Forest Right have been rejected by the District Level Committee constituted under FRA (Forest Rights Act).

This notification applies in the PESA (Panchayats Extension and Scheduled Areas) areas in the State of Maharashtra and allows appeal provision against the decisions of the District Level Committee, said a release issued by the Raj Bhavan.

According to the modification, a provision has been incorporated enabling rightful claimants of the forest rights to appeal against the Order of the District Level Committee.

The notification states that Divisional Level Committees under the chairmanship of Divisional Commissioners have been constituted to hear the appeals against the decision of the District Level Committee.

The notification specifies that, in case of order passed by District Level Committee before the commencement of the notification, the application for appeal shall be made within six months from the date of issue of notification.

As per the notification, in case of order passed by the District Level Committee after the commencement of the notification, application of appeal shall be made within a period of ninety days from the date of communication of the order of the District Level Committee.

It was observed by the Governor that, a large number of applications under the above mentioned Act relating to record of rights are rejected by the District Level Committees under the said Act. However, there was no provision in the Act for appeal against the decision of District Level Committees. Therefore, for the benefit of thousands of tribal this notification was issued, said the press release issued by the Raj Bhavan.