Gram Sabha role under FRA pooh-poohed in State

| | in Bhubaneswar

Odisha is one of the States that hardly complies with the provisions of the Forest Rights ACT, 2006 (FRA) so far as minor forest produce is concerned.

Till date, kendu leaves and bamboo are under the monopoly of the State that clearly violates the provision of FRA.

Answering to an RTI query, the Principal Chief Conservator of Forest (PCCF), Kendu Leaves said

Odisha Forest Act 1972 and the Orissa Timber and Other Forest Produce Transit Rules 1980 will not be applicable for those Gram Sabhas recognised under the Forest Right Act, 2006.

There are other minor forest produces like sal leaf, gum and resin which are in some or other way being controlled by the State in the name of conservation and management depriving millions of people depending on it of a possible earning.

The Odisha Government has taken deliberate attempt to undermine the provision of FRA related to issuance of transit permit to the Gram Sabha those asserted rights on Kendu leaves and bamboo in the recent past.

The Government is sabotaging the rights of gram sabha to retain its monopoly over Kendu leaves and bamboo.

There has been no attempt by the State to bring amendment to the existing law and policies related to minor forest produces in line with the provisions of the FRA.

There is an urgent need to revisit the existing laws and policies like  KL (Control of Trade) Act, 1961, The Orissa Kendu Leaves (Control of Trade) Rules 1962,Odisha Forest Act,

1972 ,The Forest (Conservation) Act, 27th December, 1980, Cooperative Societies (Orissa) Rules, 1980, Orissa Timber and Other Forest Produce Transit Rules, 1980, The Orissa Forest Produce (Control of Trade) Act, 1981, The Orissa Forest Produce (Control of Trade) Rules, 1983, Supply of Bamboos to Artisans, including Co-operative Societies,

Rules 1980, NTFP Policy 2000 and Orissa Gram Panchayats (Minor Forest Produce Administration) Rules 2002.

The prevalent laws and rules regarding non-timber forest produce were created before the FRA needs to be amended without further delay.

There needs to be a thorough rehauling of such laws and rules toensure full compliance with the provisions of the FRA and in keepingwith the principle of complete ownership over NTFPs/MFPs of GramSabhas as defined under the FRA.

Community rights over Kendu leaf, bamboo and Mahua flowers are under maximum threat from laws and rules that violate the FRA. There should be full freedom to communities for collection, processing and sale of these items. Good and Service Tax ( GST) over Kendu leaves should be either fully waived or brought down to the level applicable to tobacco leaves that constitutes the active injurious element of bidis.