Aggression and repressions on the movements have increased. The
progress in
the Naga peace process and the achievements of the struggles of
Kerala are
positive on the one hand. On the other, the struggles are facing
increased
state repression and violence as in Kashipur, Dewas and Nagarnar.
Laws and the
Constitution are disregarded. Amendment to the V schedule to
facilitate the
take over of Adivasi/IP ancestral territories for the resources like
mining
has been proposed. Imperialist globalisation threatens to dismantle
whatever
constitutional provisions exist. The space for democratic struggles
is rapidly
shrinking. The need for strengthening the movements and struggles are
urgent.
The need to unify the struggles and coming together of movements is
more than
ever before. Below are two very important developments, which has to
be
responded to IMMEDIATELY.



1.. The Ministry of Environment and Forests has issued an order on
03.05.2002 to summarily evict "all illegal encroachments of forest
lands in
various states/UTs" before 30 September 2002. This if implemented
means that
lakhs of Adivasis/IPs would be directly affected/displaced
threatening their
very existence. The content of the order is attached with the
relevant part of
the Supreme Court Order.


2.. The Ministry of Tribal Affairs has appointed the second
Commission on
Scheduled Areas and Scheduled Tribes on 18 July 2002 with Shri Dileep
Singh
Bhuria as the Chairperson under Article 339(1) of the Constitution.
The first
Scheduled Areas and Scheduled Tribes Commission was constituted in
1960 with
Shri. U.N Dhebar as the Chairperson. The first commission report
featured the
problems and condition of Scheduled Tribes prior to independence, a
review of
programmes, policies, administrative structures at the state and
central
level. The report also gave several recommendations after a thorough
review of
the programme and policies for the all round development of STs and
Tribal
Areas. The Second Commission now constituted will review all the
tribal
development policies and programmes, keeping in view the mandate
under Article
46 of the Constitution and the social, political, economic and
administrative
changes that have taken place since the first Commission's report was
submitted. The order is attached. Adivasi/IP organisations should
firmly and
decisively intervene in this process. Please note the Commission has
to submit
their report within one year.


Please circulate this information to the Adivasi/IP movements.




Gam Shimray

For Core Committee


MINISTRY OF ENVIRONMENT

Government of India

Tel/Fax: 4360379

Dated: 03.05.2002


The Chief Secretary

(All States/UTs)


The Secretary (Forests)

(All States/UTs)


The Principal Chief Conservator of Forests

(All States/UTs)


Subject: Eviction of illegal encroachment of forest lands in various
States/UTs

Time bound action plan


I am directed to draw your attention to the problem of encroachments
of
forest lands which is assuming a serious poroportion in the country.
These
encroachments have been attracting the attention of Central
government and
States Governments have been requested from time to time to take
prompt action
against the encroachers under various Acts and Rules. Such
encroachments are
generally done by the powerful lobbies and cause great harm to forest
conservation particularly, when these are carried out in the remote
areas in a
honeycomb pattern. These encroachments are also seriously threatening
the
continuity of the Wild Life corridors between various National Parks
and
Sanctuaries. Somehow, timely action is not being taken by the
frontline staff
for the eviction of the encroachers which further emboldens others
also for
similar actions. As per the information received from various States,
approximately 12.50 lakh hectares of forestland is under
encroachment. There
may be many more unrecorded instances which will add to the over all
tally.


Hon'ble Supreme Court has also been greatly concerned with this
pernicious
practice and in their order of 23.11.2001 in IA No.703 in WP
No.202/95 have
restrained the Central Government from regularization of
encroachments in the
country. There is now a need to frame a time bound programme for
eviction of
the encroachers from the forest lands for which following steps are
suggested:



1.. AF encroachments which are not eligible for regularization as
per
guidelines issued by the Ministry vide No.13.1/90-FP.(1) dated
18.9.90 should
be summarily evicted ion a time bound manner and in any case under
30th
September 2002.


2.. A cell should be constituted in the PCCF office headed by the
CCT level
officer to plan and monitor eviction of encroachment on forest land
on a
continuous basis.


3.. Forest officers should be delegated powers under relevant acts
for
trials of encroachers and adequate steps should be taken for the
completion of
the eviction process through summary trials in a time bound manner.


4.. At the State level, a monitoring committee may be constituted
under the
Chairmanship of the Chief Secretary, which may meet biannually to
take stock
of the situation. The Committee while monitoring forest encroachments
should
also fix responsibility of the field formulations including the
revenue
officials for their failures to prevent/evict encroachments on the
forestlands.


5.. At the forest Circle level, a Committee should be constituted
under the
Chairmanship of Conservator of Forests with District Collector and
Superintendent of Police as member which may meet every quarter and
take
effective steps to assist the Divisional Forest Officers or the
Territorial
Division/Wildlife Warden/National Park and Sanctuary Director for the
eviction
of the encroachers.


6.. A comprehensive list of encroachments in your State with
current status
of eviction process etc may please be prepared as the base line
information
and a copy of the same be also sent to this Ministry preferably by
June 30th,
2002. Principal Chief Conservator of Forests may be bound to give
detailed
progress report of the action taken, area evicted and area
reclaimed/planted
etc. every quarter commencing from July 2002.


7.. It may please be noted that the Ministry may be constrained to
link
processing of requests for clearance under Forest (Conservation) Act
1980,
approval of relevant working plan and furling under Centrally
Sponsored
Schemes as well as the progress shown in eviction of the encroachers
as per
the instant guidelines.


Yours faithfully




Signed

(Dr.V.K Bahuguna)

Inspector General of Forests

03.05.02

Copy for information and necessary action to:

All Chief Conservator of Forests/Conservator of Forests (Central),
Ministry
of Environment and Forests, Government of India.

They are requested to fix a meeting with the concerned senior
functionary of
the State Government to sensitize them about the urgency of the
implementing
these guidelines and monitor action taken by the state regularly.
While giving
approval of the working plans they may also insist for detailed
status report
on encroachment and vacation there of in that particular division.

[To be published in the gazette of India,

Extraordinary, Part II, Section 3, Sub-Section (ii)]


F.17014/8/93-TD(R)

Government of India

Ministry of Tribal Affairs

(R&P Unit)


ORDER


New Delhi, the 18th July 2002

NO.17014/8/93-TD(R) In exercise of the powers conferred by clause (1)
of
article 339 of the Constitution, the President hereby appoints the
Scheduled
Areas and the scheduled tribes Commission (hereinafter in this Order
referred
to as the Commission) consisting of the following persons with effect
from the
date of publication of this Order, namely

(i) Shri Dileep Singh Bhuria Chairperson

(ii) Prof. Mei Jin Lung Kamson Member

(iii) Dr. Bhupinder Singh Member

(iv) Smt. Chokila Iyer Member

(v) Shri Kuwarsingh Fulji Valvi Member\

(vi) Dr. Bhabubhai Doljibhai Damore Member

(vii) Prof. Diwakar Minz Member

(viii) Shri S.K Kaul Member

(ix) Dr. P.K Patel Member

(x) Shri Ram Sewak Paikera Member

(xi) Shri P.S Negi Member-Secretary

1.. The following shall be the terms of reference of the
Commission,
namely:-
1.. Keeping in view the various provisions of the Constitution and
taking
an overview of the tribal scenario in the country, the Commission
shall
adumbrate a perspective and a vision for the future and formulate an
outline
of a viable comprehensive tribal policy.
2.. It shall examine the constitutional provisions in so far as
they relate
to the Scheduled Tribes, with a view to constitutional, legal,
financial and
administrative devices for promotion of tribal interests and
recommend
measures for adequate and appropriate operation of the Fifth and
Sixth
Schedule of the Constitution.
3.. The Commission shall review the functioning of policies,
programmes and
schemes being followed as per the recommendations of the Dhebar
commission
and/or being implemented otherwise and suggest formulations in this
regard as
may be called for.
4.. It shall examine the development strategies followed so far and
in
particular, it shall scrutinize the tribal sub-plan integrated
approach
covering facets like -
1.. plan and non-plan sectors e.g. agriculture and allied
sectors,
forest, education, health, employment, role of financial and
cooperative
institutions, displacement of tribals,
2.. protective measures of a legal and administrative nature as
in the
fields of land alienation, money-lending, excise etc.,
3.. financial and budgetary arrangements and make such
suggestions for
modifications and innovations as it may consider necessary
5.. It shall examine the socio-political and administrative set-up
particularly with reference3 to Part IX of the Constitution relating
to
Panchayats and the provisions of the Panchayats (extension to the
Scheduled
Areas) Act 1996, and suggest measures to make it effective for
self-governance
and socio-economic and advancement of the tribal people.
6.. Any other matter connected with the administration of the
Scheduled
Areas and/or the welfare of the Scheduled Tribes in the States and
Union
Territories.
3. The Commission may -

1.. obtain such information as they may consider necessary or
relevant
for their purpose from the Central Government, the State Governments
and such
other authorities, organizations or individuals as may, in the
opinion of the
Commission, be of assistance to their work;
2.. appoint such sub-committees from amongst their members as the
Commission may think fit for the purpose of exercising such powers
and
performing such duties as may be delegated to them by the Commission;
3.. visit or depute any sub-committee to visit such parts of
India as the
Commission may consider necessary or expedient;
4.. hold their sittings or the sittings of any sub-committee at
such
times and such places as may be determined by or under the authority
of the
Chairperson;
5.. act not withstanding the temporary absence of any member of
the
Commission or the existence of any vacancy amongst the members; and
6.. regulate their own procedure in so far as no provision is
made in
this Order in that behalf.
1.. The Commission shall submit its report to the President as soon
as
possible but not later than one year from the date of publication of
this
Order.
By Order of the |President

(S. Chatterji)

Place New Delhi Joint Secretary to the Govt. of India

Date 18th July 2002