Governor suspends forest Act in tribal regions of Himachal

SPECIAL POWERS Move to implement ‘nautor’ rules to carry out development works in LahaulSpiti and Kinnaur besides Chamba

SHIMLA: Exercising his special powers, the Himachal Pradesh governor suspended the forest conservation Act (FCA), 1980, in scheduled tribal regions of the state for a period of two years.

With the power vested in him under Schedule V of the country’s constitution, governor Acharya Devvrat suspended the forest right Act to implement the nautor (land to landless persons) rules 1965 and to carry out essential developmental works in the region that were hindered by Act. Two of the state’s districts, Lahaul Spiti and Kinnaur, and Pangi and Bharmaur tehsils in Chamba district fall under the tribal areas.

The government in 2014, had issued a notification to suspend the forest conservation Act for allotting "nautor" (land to landless persons) in tribal areas. In its notification, the government had imposed certain conditions for allotment of land.

The notification barred revenue authorities from allotting land in demarcated protected forest areas, sanctuaries and areas close to water resources. However in 2015, the cabinet deleted some conditions in the notification.

In 2015, the state cabinet recommended the matter to the governor seeking his approval regarding non-applicability of Forest Conservation Act (FCA), 1980, in scheduled tribe areas of the state for allotment of nautor land as well as for other developmental works involving diversion of forest lands.

Under Schedule-5 appended to Constitution of India, the governor has special powers to amend, modify or suspend a particular Act in tribal areas. The notification regarding suspension of Forest Conservation Act for the purpose of granting nautor land contained certain conditions, that had been issued earlier in July, 2014. The two-year validity expired in July this year.

Treading cautiously, the governor house sought a clarification from the home department, asking whether the governor was authorised to give his approval or did the consent have to be come from the President.

The notification made it clear that nautor will not be allotted in sanctuaries, conservation reserves, demarcated or protected forests, community reserves and reserved forests. Further, the governor house also put a rider that the nautor will not be applicable on the land which has more than two trees.