Government of India
Ministry of Environment, Forest and Climate Change (Wildlife Division)
1st Floor, Agni Wing,
Indira Paryavaran Bhawan,
Ali Ganj, Jor Bagh Road,
New Delhi-110003.
F. No. 8-6/2020-WL
Dated: October, 2020.
Sub: Clarification for section 3(2) of Scheduled tribes and Other Tradtional Forest Dwellers (Recognition of Forest Rights) Act, 2006 - reg.
Ref: Your letter no. 23011/23/2017-FRA dated 19th May, 2020.
Kindly refer to your letter above. Comments from the MoEF&CC are as follows:
i. As per the definition of forest land given in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act 2006, it is clear that the section 3 (2) of the Act is applicable in Sanctuaries and National Parks.
ii. However, Section 3 (2) provides for certain facilities notwithstanding anything contained in Forest (Conservation) Act, 1980 only. At the same time, Section 13 of the Act provides that the Act shall be in addition to and not in derogation of the provisions of any other law for the time being in force. Hence, provisions of Wild Life (Protection) Act will not be effected by Section 3 (2) of the Act.
Therefore, according to section 13 of the Act, wildlife clearance will be required for implementing section 3(2) of the Act.
This issues with the approval of competent authority.
Yours faithfully,
Sd-
(Rakesh Kumar Jagenia)
Deputy Inspector General of Forests (WL)
E-mail: digwl-mefce@gov.in
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