6-Jul-2021: Joint Communication for more effective implementation of the Forest Rights Act signed by Environment and Tribal Affairs Ministries

A “Joint Communication” was signed by Shri R.P. Gupta, Secretary, Ministry of Environment, Forest & Climate Change (MoEFCC), and Shri Anil Kumar Jha, Secretary, Ministry of Tribal Affairs (MoTA), in the presence of Minister of Environment, , Shri Prakash Javadekar and Minister of Tribal Affairs, Shri Arjun Munda today in New Delhi.

The Joint Communication, addressed to all Chief Secretaries of States/UTs, pertains to more effective implementation of the Forest Rights Act(FRA), 2006 and for harnessing the potential for livelihood improvement of the Forest Dwelling Scheduled Tribes (FDSTs) and other Traditional Forest Dwellers (OTFDs).

Speaking on the occasion, Minister of Tribal Affairs, Shri Arjun Munda stated that tribals and other forest dwellers can contribute significantly in efforts towards climate change through preservation of biodiversity, environmental conservation and enhancing forest cover.

In his key-note address, Shri Munda said that today’s joint communication is oriented towards the rights and duties of the forest dwellers and to improve participation of such communities in the process of forest management.

The Minister further informed the gathering that a meeting was held between both ministers on 10th August, 2020 which was intended to resolve issues in ensuring community participation in forest management and today’s joint communication, is a culmination of the series of consultations done after that.

The Environment Minister, Shri Javadekar said that the joint communication indicates a paradigm shift from one of working in silos to achieving convergence between Ministries and Departments, and is a very positive development.

“Government of India is committed for development of Tribes and Tribal areas. The number of sanctioned Ekalavya Model Residential Schools (EMRS) has gone up to 620. Similarly, the launch of Van Dhan Yojana and increasing the number of Minor Forest Products (MFP) in the bracket of Minimum Support Price (MSP) from 10 to 86 in the last few years has supported tribes immensely in improving their incomes and livelihood prospects.” said the Environment Minister.

On the occasion Minister of State for Tribal Affairs, Smt. Renuka Singh Saruta expressed  happiness and hailed the joint communication as historic that would bring all the stakeholders together and hoped that it will prove beneficial for forest dwellers.

Shri Babul Supriyo Minister of State for Environment, gave a call for action to achieve objectives of Forest Rights Act, 2006 in its right earnest. The step will go a long way for the benefit of not only forest conservation and biodiversity as well as for the welfare of the Scheduled Tribes & OTFDs.

The event was attended by more than 300 participants including State Government officials such as Principal Secretaries/Secretaries in the Forest, Revenue and Tribal Welfare Departments, Principal Chief Conservators of Forest, Commissioners/Directors of Tribal Welfare Departments, Directors of Tribal Research Institutes (TRIs) as well as members from NGOs and partnering organizations.

20-Nov-2019: Mizoram revokes Forest Rights Act

The Mizoram government passed a resolution revoking the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (FRA) in its assembly session on November 19, 2019.

Under Article 371 (G) of the Constitution, Mizoram has a special provision which makes it mandatory for all legislations of Parliament pertaining to land ownership and transfer to be first passed by the state’s assembly through a resolution before it can be implemented in the state.

The state government used this provision of the Constitution to pass a resolution to revoke FRA from the state. The resolution was moved by K Beichhua, Minister of State at Mizoram’s social welfare department.

The Act was to be approved by the state legislative assembly according to Article 371 (G) of the Constitution. In the sitting of its Fourth Session on October 29, 2009, the Sixth Legislative Assembly of Mizoram has resolved that the Forest Rights Act shall be adopted in the entire state of Mizoram with effect from December 21, 2009.

A big chunk of forests in the state is owned by the Lai, Mara and Chakma Autonomous District Councils. According to the 2017 State of Forest Report by the Forest Survey of India, around 20 per cent of the total 5,641 square kilometres of the forest land in Mizoram is “Unclassed Forest” which is under Autonomous District Councils.

The area of unclassed forest is lowest in Mizoram, among all North Eastern states. This also means that the potential for FRA implementation is also the highest in the state.

With the coming of North East Industrial and Investment Promotion Policy, the focus will be on getting land. With a major portion of the geographical area of states like Mizoram under forest cover, and communities having ownership on those lands, revoking FRA can be seen as a means to keep the forest land with the forest departments for later diversion. The fact that the Compensatory Afforestation fund has also been recently released must have also informed this decision.

11-Feb-2019: Expedite implementation of Forest Rights Act

The Odisha State Food Commission has again asked the State government to expedite implementation of the Forest Rights Act, 2006, that would help ensure food and nutritional security to the vulnerable section of society.

In a letter addressed to all Collectors, OSFC chairperson Ranglal Jamuda pointed out that “out of 4,25,563 IFR titles distributed till December 2018, demarcation of land has been completed in respect of 2,99,471 titles representing 70.37% of the total titles.”

It is a matter of serious concern that in seven important districts (where more than 5,000 titles have been distributed) the performance on demarcation of titles is significantly below the State average.

Keonjhar has completed demarcation of titles in case of only 34.37% while Nabarangpur achieved 34.4%, Koraput (33.68%), Sundargarh (52.96%), Deogarh (48.12%), Nuapada (35.80%) and Ganjam (51.94%).

In all these seven districts the Collectors should undertake special drive for demarcation of land. The amins posted in other tehsils may be re-deployed in tehsils having more number of pending cases for demarcation.

The government should take the services of retired revenue inspectors and amins to expedite implementation.

Demarcation of land regularised under Individual Forest Right and correction of preparation of record of rights have been completed only in case of Bhadrak district.

Similarly, in case of correction of RoRs, cumulative achievement has so far been 1,78,039 titles, only representing 41.83% of the titles distributed.

Despite a series of instructions, the extent of land developed utilising Mahatma Gandhi National Rural Employment Guarantee Scheme funds till December 2018 is only 56,340.53 acres. In five districts there was no activity in this regard.

7-Apr-2021: President promulgates Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021

The President promulgated the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021 on 4th April 2021. The Cabinet had approved on 31st March 2021 the proposal to make amendments in the Insolvency and Bankruptcy Code, 2016 (Code), through the Insolvency and Bankruptcy Code (Amendment) Ordinance, 2021.

The amendments aims to provide an efficient alternative insolvency resolution framework for corporate persons classified as micro, small and medium enterprises (MSMEs) under the Code, for ensuring quicker, cost-effective and value maximising outcomes for all the stakeholders, in a manner which is least disruptive to the continuity of MSMEs businesses and which preserves jobs. The initiative is based on a trust model and the amendments honour the honest MSME owners by trying to ensure that the resolution happens and the company remains with them.

It is expected that the incorporation of Pre-Packaged insolvency resolution process for MSMEs in the Code will alleviate the distress faced by MSMEs due to the impact of the pandemic & the unique nature of their business, duly recognizing their importance in the economy. It provides an efficient alternative insolvency resolution framework for corporate persons classified as MSMEs for timely, efficient & cost-effective resolution of distress thereby ensuring positive signal to debt market, employment preservation, ease of doing business and preservation of enterprise capital. Other expected impact and benefits of the amendment in Code are lesser burden on Adjudicating Authority, assured continuity of business operations for corporate debtor (CD), less process costs & maximum assets realization for financial creditors (FC) and assurance of continued business relation with CD and rights protection for operational Creditors (OC).

The Amendment Ordinance seeks to amend sections such as 4, 5, 11, 33, 34, 61, 65, 77, 208, 239, 240 & insert new sections such as 11A, 67A, 77A and a new chapter as IIIA on Pre-Packaged insolvency resolution process for MSMEs in the Code based on recommendations made by the Insolvency Law Committee (ILC).