Forest Rights Act related information discussed in both the Houses of Parliament: Lok Sbha & Rajya Separate.

Forest Rights Act – Rajya Sabha 2008 to till Monsoon Session, 2013

Q.No. Q.Type Date Ministry Member Title

4349 Unstarred 07.05.2013 Environment And Forests Shri A.V. Swamy

Privileges Of Tribals Under Forest Rights Act

3389 Unstarred 25.04.2013 Tribal Affairs Shri Vasanthi Stanley Forest Rights Act

3073 Unstarred 20.12.2012 Tribal Affairs Shri D. Bandyopadhyay: Implementation Of Forest Rights Act

2668 Unstarred 18.12.2012 Environment And Forests Shri Hussain Dalwai

Exemption From Mandatory Clearances Under Forest Rights Act

2296 Unstarred 13.12.2012 Tribal Affairs Shri Devender Goud T. Claims Rejected Under Forest Rights Act

286 Starred 13.12.2012 Tribal Affairs Shri Faggan Singh Kulaste

Letter Of Right Given To Tribal Families Under The Forest Rights Act

2907 Unstarred 06.09.2012 Tribal Affairs Shrimati Jharna Das Baidya

Claims Settle Under Forest Rights Act

754 Unstarred 16.08.2012 Tribal Affairs Shri C.P. Narayanan Rehabilitation Of Tribal In Forest Rights Act

2955 Unstarred 20.12.2011 Environment And Forests

Shrimati Shobhana Bhartia

Inappropriate Implementation Of Forest Rights Act

1686 Unstarred 10.03.2011 Tribal Affairs Shrimati Brinda Karat Rejection Of Claims Made By Tribals Under Forest Rights Act

1687 Unstarred 10.03.2011 Tribal Affairs Shri D. Raja Community Forest Rights Under Fr Act

624 Unstarred 01.03.2011 Environment And Forests Shri M.P. Achuthan

Recommendations Of N. C. Saxena Panel On Forest Rights Act

21 Unstarred 22.02.2011 Environment And Forests Shri Moinul Hassan

Implementation Of Forest Rights Act .

3608 Unstarred 13.12.2010 Environment And Forests Shri Rudra Narayan Pany Violation Of Forest Rights Act .

2927 Unstarred 06.12.2010 Tribal Affairs Shri Nandi Yellaiah Proposals Of Andhra Pradesh Under Forest Rights Act .

2929 Unstarred 06.12.2010 Tribal Affairs Shrimati T. Ratna Bai Delays In Notification Of Claims Under Forest Rights Act .

1382 Unstarred 22.11.2010 Tribal Affairs Shri Parimal Nathwani Implementation Of Forest Rights Act .

2406 Unstarred 16.08.2010 Tribal Affairs Dr. Bhalchandra Mungekar

Review Of Implementation Of Forest Rights Act .

2404 Unstarred 16.08.2010 Tribal Affairs Dr. Gyan Prakash Pilania Implementation Of Forest Rights Act In Rajasthan .

110 Unstarred 26.07.2010 Tribal Affairs Shrimati Brinda Karat Implementation Of Forest Rights Act .

4034 Unstarred 03.05.2010 Environment And Forests

Shrimati Shobhana Bhartia Violation Of Forest Rights Act .

2495 Unstarred 19.04.2010 Environment And Forests

Prof. Alka Balram Kshatriya Violation Of Forest Rights Act .

1189 Unstarred 30.11.2009 Tribal Affairs Shri K.E. Ismail Failure In Implementation Of Forest Rights Act .

2301 Unstarred 22.12.2008 Tribal Affairs Shrimati Brinda Karat Implementation Of Forest Rights Act

4134 Unstarred 05.05.2008 Tribal Affairs Shri Praveen Rashtrapal Implementation Of Forest Rights Act .

3685 Unstarred 28.04.2008 Tribal Affairs Shri B.K. Hariprasad Enactment Of Forest Rights Act .

1486 Unstarred 13.03.2008 Panchayat Raj Shri A. Vijayaraghavan Gram Sabha Role In Implementing Forest Rights Act .

GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-4349 ANSWERED ON-07.05.2013 Privileges of tribals under Forest Rights Act 4349 . SHRI A.V. SWAMY (a) whether Government is aware that the tribals and other traditional dwellers living in about 600 forest villages in Odisha have been denied the privileges under Forest Land Rights Act as well as normal rural development activities and are being treated as encroachers of the land in which they have been living for centuries; (b) if so, the details thereof; and (c) the details of the measures taken or proposed to be taken by Government to recognise them as revenue villages and give their entitlement? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRIMATI JAYANTHI NATARAJAN) (a) to(c)As per the information received from the Government of Odisha, there are 20 forest villages under the administrative control of 7 forest divisions in 5 districts in Odisha. Further, no case of denial of forest rights under the Forest Rights Act, 2006 has come to the notice. Section 3 (1) (h) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 recognises rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages and other villages in forests, whether recorded, notified or not into revenue villages. As per information available a total 3,13,242 titles of individual forest rights have been distributed in Odisha covering an area of 5,00,009.42 acres. Various measures for development of these villages include plantation of NTFP, bamboo and other medicinal species; construction of amenities such as intra-village roads, school buildings, water harvesting structures, wells, irrigation canals, check dam, retaining wall, sprinkler PVC pipe; providing other livelihood support activities like Goatary, honey box, horticulture plantation, sewing machine; organizing health camp for health and hygiene of the village dwellers, exposure visit and awareness campaign.

-------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-3389 ANSWERED ON-25.04.2013 Forest Rights Act 3389 . SHRI VASANTHI STANLEY (a) whether the Ministry has any plan for amending the Forest Rights Act; (b) whether the Ministry tends to dilute the rights of the tribals by their notification dated 5th February; and (c) whether any one has challenged this notification ? ANSWER MINISTER OF STATE IN THE MINITRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a) : No, Sir. (b) : As per Ministry of Environment & Forests letter No. 11-9/98-FC(Pt.) dated 5th February, 2013, the proposals seeking prior approval of Central Government under the Forest (Conservation) Act, 1980 for projects like construction of roads, canals, laying of pipelines/optical fibers and transmission lines etc. where linear diversion of use of forest land in several villages are involved, unless recognized rights of Primitive Tribal Groups and Pre-Agricultural Communities are being affected, are exempted from the requirement of obtaining consent of the concerned Gram Sabha(s) as stipulated in clause (c) read with clause (b), (e) and (f) in second para of Ministry of Environment & Forests letter of the same number dated 03.08.2009. . (c): Ministry of Environment & Forests have informed they do not have any information regarding any one having challenged their letter dated 5.2.2013. ***** --------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-3073 ANSWERED ON-20.12.2012 Implementation of Forest Rights Act 3073 . SHRI D. BANDYOPADHYAY: (a) whether Government has prepared a report on the implementation of the Forest Rights Act; and (b) if so, whether it is correct that out of 2.8 million title cases processed so far, majority of them have been rejected and only in 0.5 per cent cases community rights over forest resource has been recognised, there by denying the forest dwelling tribal communities their traditional rights over the minor forest

produce causing resentment among them thereby giving impetus to the left wing extremism with central Indian uplands? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a): Yes, Sir. The Ministry of Tribal Affairs is obtaining information from the State/ UT Governments regarding the status of implementation of the Forest Rights Act, 2006, every month, and compiling a monthly progress report on the status of implementation of the Act in the country. The monthly progress report is also uploaded on the Ministry’s website (www.tribal.nic.in). (b): As per the information received from the State/ UT Governments, a total number of 32,37,579 claims (31,73,520 individual and 64,059 community) had been filed under the Forest Rights Act, 2006 till 30th November, 2012, out of which 27,91,168 claims (86.21% of the total claims filed) had been disposed off. Out of the total 27, 91,168 claims disposed off, 12,79,009 claims were approved and same number of titles were distributed, and the remaining 15,12,159 claims were rejected. As per the available data, against the total number of 64,059 claims filed for community rights, 8,498 titles for community rights (13.26%) were distributed. Many of the States are not providing separate data for individual and community claims and therefore, the available data may not reflect the complete position. The Forest rights Act has been in operation for more than four years and despite substantial progress made in the last four years certain lacuna and bottlenecks were observed which were impeding the intended flow of benefits to the forest dwelling communities. Appropriate changes in the Rules have been brought about on 06.09.2012 and guidelines have been issued on 12.07.2012 to ease out the problems and hindrances encountered in the implementation of the Act, and to provide unencumbered access to rights already conferred by the Act. After the amendments in the Rules, the Ministry organized five regional consultations on Forest Rights Act followed by a National meeting at New Delhi. In the regional consultations and the National meetings, the States Governments were directed to make special efforts to create awareness about community rights so that more claims are filed and recognized. The amendment in the Rules has now empowered the Gram Sabha to issue transit permit for minor forest produce either through a Committee constituted under Rule 4(1)(e) or any other person authorized by it. The amended Rule also makes it amply clear that the ownership of minor forest produce lies with the forest dwelling Scheduled Tribes and other Traditional Forest Dwellers. ****** -------------------- GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-2668 ANSWERED ON-18.12.2012 Exemption from mandatory clearances under Forest Rights Act 2668 . SHRI HUSSAIN DALWAI (a) whether the Prime Minister’s Office has asked the Ministry to consider exemption from mandatory clearances under Forest Rights Act for construction of railway tracks, roads and power transmission lines; (b) if so, the details thereof; and (c) how these measures would ensure speedy environmental clearance for these projects? ANSWER

MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRIMATI JAYANTHI NATARAJAN) (a)&(b) The Prime Minister’s Office (PMO) has requested the Ministry of Environment and Forests (MoEF) to examine the suggestions received by PMO regarding re-examination of the guidelines issued by the MoEF vide letter No. 11-9/98-FC (pt.) dated 03.08.2009 to exempt linear projects such as railway tracks, roads and power transmission lines etc. from application of a part of the said guidelines. The said part of the guidelines stipulates submission of a resolution passed by each of the concerned gram sabhas in a meeting where at least 50 % members of the gram sabha are present, that all formalities/processes under the Forest Rights Act, 2006 have been carried out, and that they have given their consent to the proposed diversion and the compensatory and ameliorative measures, if any, having understood the purpose and details of proposed diversion. (c) The PMO has informed that in case of linear projects requiring diversion of forest land in several villages, the conditions of passing resolution by at least 50 % members is difficult to fulfill, as inspite of best efforts of the User Agencies, some of the villages do not come forward and this condition of 50% quorum is not complied with. Exemption of the linear projects from the above requirement may expedite approval under the Forest (Conservation) Act, 1980 for diversion of forest land required. --------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2296 ANSWERED ON-13.12.2012 Claims rejected under Forest Rights Act 2296 . SHRI DEVENDER GOUD T. (a) whether it is a fact that nearly 1.5 lakh claims from the forest dwellers have so far been rejected till 31 July, 2012 under the Forest Rights Act; and (b) if so, the reasons therefor? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a) & (b): As per the information received from the State/ UT Governments, a total number of 32,28,887 claims had been filed under the Forest Rights Act, 2006, till 31st July, 2012, out of which 27,73,631 claims (85.90% of the total claims filed) had been disposed off. The claims filed under the Forest Rights Act, 2006 for vesting of rights are adjudicated at three levels, namely, the Gram Sabha, the Sub-Divisional Level Committee and the District Level Committee. The claims filed under this Act are finally approved by District Level Committee. Out of total 27,73,631 claims disposed off, 12,68,766 claims were approved and same number of titles were distributed, and the remaining 15,04,865 claims were rejected. ******** ------------------------

GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA STARRED QUESTION NO-286 ANSWERED ON-13.12.2012 Letter of right given to tribal families under the Forest Rights Act 286 . SHRI FAGGAN SINGH KULASTE (a) whether tribal families in the country have been given letter of right under the Forest Rights Act; (b) if so, the number of such families State-wise; (c) whether collective claims have also been considered under this Act; (d) if so, the number of collective claims which have been received from the villagers in the country and have been approved; and (e) the details of the claims received in this regard, State-wise? ANSWER MINISTER OF OF TRIBAL AFFAIRS (SHRI V. KISHORE CHANDRA DEO) (a) to (e): A statement is laid on the Table of the House. ******** ------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2907 ANSWERED ON-06.09.2012 Claims settle under Forest Rights Act 2907 . SHRIMATI JHARNA DAS BAIDYA (a) what measures Government had taken to ensure that whether the claims settle under Forest Rights Act are registered in the name of both husband and wife; (b) how many claims have been settled in the name of female headed household; and (c) if not, what measures have been taken to ensured that the claims are settled? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA)

(a): The forest rights conferred under the Forest Rights Act, 2006 are required to be registered jointly in the name of both the spouses in case of married persons and in the name of single head in the case of a household headed by a single person under Section 4(4) of the Act. As per the provisions of the Act and the Rules framed thereunder, the responsibility for the implementation of the Act lies with the State/ UT Governments. It is, therefore, for the State/ UT Governments to ensure compliance of the provisions of the Section 4 (4) of the Act while settling the claims under the Act. (b): The Ministry does not maintain data regarding the number of claims settled in the name of female headed household. (c): In view of the replies to parts (a) and (b) above, this question does not arise. ****** ---------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-754 ANSWERED ON-16.08.2012 Rehabilitation of tribal in Forest Rights Act 754 . SHRI C.P. NARAYANAN a) the percentage of tribals in the country who are yet to be extended benefits mentioned in Forest Rights Act; (b) how many tribals have been forced to leave their traditional abodes since 2008 due to new projects sanctioned by Government; (c) how many of them have been rehabilitated; and (d) whether there is a time limit within which Government proposes to rehabilitate the remaining areas? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): The Forest Rights Act, 2006, administered by the Ministry of Tribal Affairs seeks to recognize and vest the forest rights and occupation in forest land only in the forest dwelling Scheduled Tribes and other traditional for forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The Act does not apply to all the Scheduled Tribe population in the country. Hence, this question does not arise. (b) & (c): The Ministry of Tribal Affairs is not maintaining any such data. (d): In view of the reply to parts (b) & (c) above, this question does not arise. ***** --------------- GOVERNMENT OF INDIA

MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-2955 ANSWERED ON-20.12.2011 Inappropriate implementation of Forest Rights Act 2955 . SHRIMATI SHOBHANA BHARTIA N.K. SINGH (a)whether the implementation of the Forest Rights Act has been inappropriate; (b)whether the report by National Committee on Forest Rights Act (FRA) which includes recommendations for implementing it effectively has been taken into account; and (c)if so, the details thereof and if not, the reasons therefor? ANSWER (a) No, Sir. The Ministry of Tribal Affairs is the nodal Ministry for implementation of Forest Rights Act, 2006. As per the information available with the Ministry of Tribal Affairs, the States have progressed in varying degrees in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. While States like Andhra Pradesh, Assam, Chhattisgarh, Gujarat, Himachal Pradesh, Jharkhand, Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tripura, Uttar Pradesh and West Bengal, which have established the prescribed structures and procedures, received a large number of claims and distributing the title deeds; other States, because of various reasons, have been slow to catch up. 31.61 lakh claims have been filed and more than 12.40 lakh titles have been distributed as on 30.11.2011. A total of 28,04,660 claims have been disposed of (88.71%) so far. (b)& (c) On the report of the National Committee on Forest Rights Act the Ministry of Tribal Affairs being the nodal ministry for implementation of this Act, is taking appropriate action on recommendations. ***** -------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-1686 ANSWERED ON-10.03.2011 REJECTION OF CLAIMS MADE BY TRIBALS UNDER FOREST RIGHTS ACT 1686 . SHRIMATI BRINDA KARAT (a) whether Government is aware that over 50 per cent of claims made by the tribals under Forest Right Act (FRA) have been rejected by various State Governments ; (b) whether the Ministry considers this to be a serious undermining of the spirit of FRA to address historical injustices faced by the tribal community; and (c) whether the Ministry has taken any measures to address this issue? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS

(SHRI MAHADEO SINGH KHANDELA) (a): As per the information (as on 31.01.2011) available with the Ministry of Tribal Affairs, out of 30,39,955 claims filed for recognition and vesting of forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, 14,43,567 claims were rejected, which works out to 47.48% of the total claims filed. These figures pertain to the claims filed by both forest dwelling Scheduled Tribes as well as other traditional forest dwellers combined. This Ministry is not maintaining data regarding the number of claims rejected by various State Governments separately for forest dwelling Scheduled Tribes and for other traditional forest dwellers. (b): No, Sir. The claims for recognition of forest rights under the Act are adjudicated as per the provisions of the Act and the procedure laid down in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 notified on 01.01.2008 for implementing the provisions of the Act. (c): In view of the reply to parts (a) and (b) above, this question does not arise. --------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-1687 ANSWERED ON-10.03.2011 COMMUNITY FOREST RIGHTS UNDER FR ACT 1687 . SHRI D. RAJA (a) the quantity of land for which title deeds have been given under the Forest Rights Act, 2005; (b) the steps Government has taken to implement the provisions of the Act with particular reference to Community Forest Rights; and (c) the steps Government has taken to sensitise State level authorities on the issue of Community Forest Rights? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): As per the information received from 11 States, as against 9,50,798 title deeds, the forest rights under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 have been vested over a total area of 34,02,404.41 Acres of forest land, as on 31st January 2011. (b) & (c): The Ministry has been interacting with the State Governments and Union Territory Administrations urging them to expedite implementation of the Act and to ensure completion of the work relating to the vesting of forest rights at the earliest. As regards the community forest rights, the State Governments have been advised to (i) take necessary steps for inviting more claims for community rights;

(ii) launch a special campaign for generating wide-spread awareness about the community rights, if necessary, by re-training field level functionaries engaged in the processing of such applications; (iii) enlist the support of local resource institutions under the State Government for this purpose; and (iv) take steps for expeditious disposal of all the pending community claims. ----------- GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-624 ANSWERED ON-01.03.2011 RECOMMENDATIONS OF N. C. SAXENA PANEL ON FOREST RIGHTS ACT 624 . SHRI M.P. ACHUTHAN D. RAJA (a) whether the N.C. Saxena panel appointed to review implementation of the Forest Rights Act has submitted its report; and (b) if so, the details of the recommendations made and Government’s decision thereon? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRI JAIRAM RAMESH) (a) &(b) Yes Sir. Various details are given in the Annexure .

GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS

RAJYA SABHA

UNSTARRED QUESTION No. 624

TO BE ANSWERED ON 01.03.2011

RECOMMENDATIONS OF N. C. SAXENA PANEL ON FOREST RIGHTS ACT

624 . SHRI M. P. ACHUTHAN:

SHRI D. RAJA:

Will the Minister of ENVIRONMENT AND FORESTS be pleased to state: (a) whether the N.C. Saxena panel appointed to review implementation of

the Forest Rights Act has submitted its report; and

(b) if so, the details of the recommendations made and Government’s decision thereon?

ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRI JAIRAM RAMESH) (a) &(b) Yes Sir. Various details are given in the Annexure .

Annexure Annexure referred to in reply to Rajya Sabha Unstarred Question No. 624 due for reply on 01.03.2011. Recommendation 1

(a) Given the adverse impacts of artificial deadlines and targets, the Ministry of Tribal Affairs (MoTA) should issue a circular/ direction to all the States and UTs that no such deadline exists as on today, and should give this circular widest publicity. Though the Act does not and should not provide any deadline for completion of the process, states should expedite recognition of rights within an appropriate time frame which is to be decided in consultation with the forest dwellers and civil society, so that governments do not slacken off on implementation. (b) All state governments should recognize the Gram Sabha at the individual settlement (hamlet or revenue village) level, or PESA Gram Sabha where applicable, to enable much more effective processing of the FRA.

(c) MoTA should issue directions that, wherever FRC (Forest Rights Committee) have been incorrectly formed, i.e., at Panchayat level or without adequate representation of different sections of the community or without following a democratic process, these FRCs are to be reconstituted through open elections at level of PESA or revenue village-level Gram Sabhas, with clear instructions so that officials do not usurp powers and functions of the FRCs. However, where there has been satisfactory processing of claims and vesting of rights despite faulty FRC formation, this should not be undone. The reconstituted FRCs should only review where there has been improper rejection or acceptance, or denial of the possibility of making claims, etc. and properly process new claims.

(d) MoTA should issue a clarification that OTFDs as defined under the FRA are all those who can prove 75 years of residence in the area (not necessarily on the plot being claimed), and dependence on the forest land as of December 2005. MoTA should also clarify what kinds of evidences may be used as proof of 75 years of residence and how these are to be made available to the villagers. Finally, MoTA should clarify that no disqualifications on the basis of possession of additional revenue land or jobs, or location of residence on revenue land, etc. are permissible under the FRA.

(e) A special set of guidelines need to be worked out for the proper use of spatial technology in the delineation, location, and status verification of claims filed, so as to ensure reliability, objectivity and transparency. Best practices identified and techniques developed in Maharashtra should be incorporated; financial support, equipment and training should be provided at all levels, especially the FRCs, and field verifications done with involvement of claimants. This activity should be part of work of the proposed National Forest Right Council.

(f) State Governments should review their SLMCs, DLCs, and SDLCs, including the problems identified in this report regarding their regarding their composition, functioning,

public interface, and transparency, and issue directions for necessary correctives in each of these institutions. (g) There is an urgent need for involvement of civil society organizations with concerns for human rights as well as conservation, networks and forums at all level of implementation, as advisor and watchdogs. The state-level Monitoring Committee also needs to include key persons from such groups.

(h) MoTA should clarify the procedure to be followed for ensuring that rights certificates issued under the FRA (both individual and community rights) are entered in the record of rights, land settlement and forest settlement records of each state. Specifically, it should (in consultation with the Ministry of Finance) issue instructions to ensure that the lands with settlement and cultivation rights (u/s 3(1)(a)) may be treated on par with fully private lands for the purpose of receiving financial support, including bank loans. It should also clarify whether these (3(1)(a)) lands are to be converted into revenue lands or not.

(i) MoTA and MoEF need to work out a set of instructions for ensuring that evictions do not take place in violation of FRA (section 4(5)), and at the same time ensuring that fresh encroachments do not take place.

(j) MoTA needs to considerably enhance its role as the nodal agency, by more closely monitoring progress, gathering more robust and disaggregated data on implementation, commissioning independent studies, issuing clarificatory circulars including those suggested in this report, directing states to take action on officials who are obstructing or violating the FRA, taking action on violations such as relocation/displacement of people without the FRA process having been completed or without Gram Sabha consent, and other aspects of poor or improper implementation.

(k) MoEF needs to move urgently towards the governance reforms suggested in this report, ensure that its circular regarding development projects on forest land get legal backing in FRA/FCA, halt all relocations from protected areas that are illegal, ensure that the FRA process is respected in all afforestation/ plantation programmes, encourage the CWH(Critical Wildlife Habitats) declaration with due process, and move towards reforming the MFP/NTFP collection and trade regimes as suggested in this report.

(l) GOI should establish a National Forest Rights Council which can regularly and systematically monitor the FRA implementation, guides states to take necessary action, and hold or authorize the holding of pubic consultations and independent assessments.

Recommendation 2

(a) All states need to address afresh the problem of omission: areas where FRA implementation is not happening, settlements, groups or individuals that are being left out, and so on.

(b) Title deeds of land for individual possession should be given only after the physical measurement has been accurately done on the ground and demarcated with permanent boundary marks in the presence of all stakeholders (claimant and the bordering claimants as well as field

forest and revenue officials in charge of the area and selected responsible members of FRC) to avoid future land disputes.

(c) Survey and mapping of the forest land where IFR (Individual Forest Rights) are to be exercised is crucial to the whole process of IFR. It is essential that a short orientation/ training is given to all stakeholders involved with FRA implementation with knowledge about different methods used in preparing the map such as GPS/PDA and imageries of satellites. It should only be after some members of FRC or others in the village are made familiar with it; the claimants must also mandatorily be involved at the stage of field verification.

(d) The problem of wrongful rejections needs to be thoroughly addressed. States should hold public hearings for grievance redressal at all taluka levels, so as to proactively identify problems and areas of poor implementation. Any claims rejected on the basis of missing documents or other procedural shortcomings should be not be treated as rejected and should be remanded to the Gram Sabha for reconsideration and re-submission, as done in Orissa. Claims that have been wrongly rejected at the SDLC or DLC level on other grounds mentioned above should be re-opened and re-examined at the SDLC or DLC level. Special attention must be given to the claims of members of minority or marginalized sections of communities. The circular issued by MoTA on 4 March 2010 needs to be modified to facilitate this re-examination.

(e) The Ministry of Environment and Forests should issue necessary clarification that the claims filed by individuals under FRA in the protected areas are eligible for consideration notwithstanding the declaration of the Critical Wildlife Habitat. These newly recognized right holders will have similar status to the existing settlements in CWH.

(f) MoTA should clarify how the special case of both STs and OTFDs displaced without compensation by development projects is to be handled, in terms of proving residence and illegal displacement. Recommendation 3

(a) Given the serious inadequacies in implementation of CFRt (Community Forest Rights) at all levels, there is a need for a 2nd phase implementation of FRA in all states with primary focus on CFRt. Such a course of action is already indicated in a letter of 20 July 2010 of MoTA. It is important for MoTA and all state nodal agencies to go beyond this by issuing clarifications and instructions on various issues. Both MoTA and MOEF need to take the lack of implementation of CRFt with the seriousness it deserves.

(b) The Committee is of the view that CFRt given under Section 3(1)(i) to “protect, regenerate or conserve or manage” should extend to entire area falling within the community forest resource (CFRe) as defined in Section 2(a) that are in the day-to-day regular use or management or protection of the community. If necessary, this should be clarified by MoTA to states, or an amendment to Section 3(1)(i) should be carried out to make it clear. Additionally CFR boundaries need to be as per the definition of community forest resource, and not constrained by JFM or other externally introduced boundaries.

(c) A massive exercise in creating awareness about CRFt, amongst communities, officials and civil society groups, is needed. This must be in local languages and should involve various media

including radio, television/cable, and print media. Particular attention is needed to CFRe and habitat rights, and to the needs of special disprivileged groups such as PTGs, nomads, shifting cultivators, and women.

(d) A simple, ‘how-to’ guide on CFRt needs to be produced by MoTA, which can be adapted by state nodal agencies as appropriate, and issued in large numbers to communities and relevant officials. This guidebook has to include all relevant clarifications on CFRt for processing and facilitation of claims.

(e) State governments should constitute technical support groups for clusters of villages (e.g. those set up in Orissa for FRA, or a many states for watershed development programmes) consisting of Civil Society Organizations and officials, which have a history of working with communities, to enable communities to carry out boundary demarcation and mapping of CFRt. These groups can also help to resolve any inter-village or other boundary disputes that may arise. GPS could be used for demarcating the boundary if necessary.

(f) CFRt titles should be issued in the name of the Gram Sabha, while respecting specific rights to specific families or user groups of forest-dwellers as claimed and vested in the CFR area.

(g) GS committees or institutions set up under the FRA need to have clear power and authority, combined with defined responsibilities and duties, to carry out their role as specified in the Preamble, Section 3(1)i (where CFRe is claimed) and Section 5. This would require appropriate Rules under FRA, or an amendment if the Rules cannot provide such empowerment.

(h) For PTGs and other pre-agriculture groups it is essential that FRA/MoTA should elaborate the definition of ‘habitat’ and ‘habitation’ especially on the kind and extent of the area it should extend and what precisely the right means. The FRA also needs to be amended to explicitly mandate the traditional governance institutions of PTGs(Particularly Vulnerable Tribal Group) to carry out all the procedures of FRA that are given to Gram Sabhas, even in states where Panchayat raj institutions exist.

(i) Given the lack of capacity to deal sith the formal procedures of the external world by PTGs, MoTA and state governments should to suo moto identify all of them, collect all relevant records pertaining to their customary rights and boundaries, contact their traditional institutions, and actively facilitate the process of obtaining rights, by involving them and helping them build capacity to handle this as also the post-rights phase, using PTG languages. This would also require special training and orientation programmes for government officials working in PTG areas on the special needs of these groups and the provisions of the FRA.

(j) Once the PTG obtains the right to ‘habitat’, ‘habitation’, and other CFRt and IFR, it will have a particularly challenging task ahead. This is especially so where the PTG habitat is now inhabitated by or used by several other communities, government agencies, and private actors, and where the PTG itself has entered into wider market, political, and social relations. Learning and building capacity, at a pace suited to tribal way to life, and leading to clear articulation of what it means to be a PTG in the current context will be essential Recommendation 4

1. The first and foremost task in context of implementation of FRA is to identify and list, state-

wise, the various tribes and communities of nomadic pastoralists. 2. The rights of nomads need to be recognized as community rights. 3. States should make possible the constitution of FRCs from amongst the nomadic communities

themselves, and/or their representation in resident village FRCs where the nomads have customary grazing access, to enable them to make claims.

Recommendation 5 The committee recommends that practitioners of shifting cultivation be enabled to claim CFR rights (as explained in Chapter 4) and practice this customary agricultural practice. MoTA needs to issue a clarification that currently fallow lands which are part of the shifting cultivation cycle will be included in the community cultivation rights under 3(1)(a) and permitted to be brought under cultivation in the future as part of the shifting cultivation cycle. Recommendation 6

(a) Though MoEF/MoTA have issued directive to states during September 2010 that forest rights need to be recognized first in the national parks and sanctuaries before undertaking any process for resettlement and that there is no provision in the FRA to defer the process of vesting of forest rights till critical wildlife habitats are determined and notified, these directives need to be followed up by states issuing directions to their district and sub-divisional committees and other relevant departmental officers and staff.

(b) All notifications or steps relating to Tiger Reserves, Critical Tiger Habitats, and Critical Wildlife

Habitats that have been undertaken in violation of the FRA (and in some cases even in violation of the WLPA(Wildlife Protection Act)) subsequent to 1.1.2008 need to be reviewed, and fresh process started that follows the due procedures under FRA, WLPA, and MoEF’s guidelines relating to CWH.

(c) MoTA and MoEF/NTCA should also issue clarifications that Tiger Reserves are not exempted from the processes of the FRA. It should also be clarified that and even if relocation programmes in a particular PA have been going on prior to the promulgation of FRA such PA is not exempted from FRA process for families and villages that remain inside it.

(d) A consortium of Civil Society Organizations and research institutions have proposed some guidelines of MoEF related to CWH which addresses key issues like the definition of some important terms, criteria and processes related to the declaration of CWHs and CTHs(Critical Tiger Habitat); prescribed time frames for the processes and consultation and involvement of local communities; processes for co-existence, co-management, and relocation/resettlement. It is recommended that these be urgently considered for adoption by MoEF and states.

(e) Cares is needed to avoid or minimize fragmentation or other serious ecological damage in the case of development facilities (under Section 3(2) that will be extended to resident populations within protected areas. Recommendations 7

(a) Four major situations arise when the provisions of CFR are implemented. In situation A where community forest resource (CFRe) claims have been accepted, and where section 5 of the FRA is deemed to be applicable as a result of other rights claimed under section 3, including section 3(1)(i), in situation B where neither CFRe claims have been accepted nor selection 5 is applicable but JFM committees are in existence, in situation C where system of community forest management already exists and CFR claims are not made/accepted and in situation D where neither FRA rights, nor JFM nor pre-existing community management systems are in place, but there is still substantial use of forests by local communities.

(b) Where management claims are accepted under FRA, the management committee formed under Rule 4(e), to be named as Community Forest Resource Management Committees (CFRMC) should carry out functions on behalf of the Gram Sabha. If JFMCs exist in these villages their functions and resources (forest area, funds) should be transferred to the corresponding CFRMCs.

(c) GS will be primarily responsible for ensuring sustainable use, conservation and protection, for which it will be suitably empowered. GS shall have powers to make rules regarding use, harvesting, protection, regeneration, etc and shall generate revenue and receive and spend grants for forest related activities but will not be permitted to make profit. CFRMC office-bearers will be vested with power to prevent forest offences and penalize offenders/ violators as given to Van Panchayat office bearers in Uttarakhand.

(d) Timber rights will be limited only to domestic needs, unless specifically recognized under section 3(1)(j) or (l) of the FRA. Over and above this, any timber-sharing arrangements that were prevailing under the JFM programme will continue with the permission of Gram Sabha.

(e) FD will be responsible for providing Protection and Technical support to the Gram Sabhas and shall be empowered to carry out Forest Monitoring, i.e., the extent of compliance with sustainable use and conservation regulations in the community-managed areas. It will also be responsible for taking action on any violations and will continue to exercise additional powers to implement regulatory provisions of the Wild Life Act and other state-level and Central Acts.

(f) State and national level Forest Governance Councils should be constituted to be chaired by the respective ministers and will include FD officials, representatives of forest committees, and representatives from PRIs, civil society and academia. These councils will provide direction to overall forest governance in the state, including by overseeing monitoring, state/national planning, and regulation. The Council should also suggest the setting up of appropriate district level committees with public representation for monitoring and guiding forestry activities at the district, sub-district, and village levels.

(g) In respect of PAs where community forest rights have been claimed and vested, communities will become a rightful part of protection and management system. This would entail a joint or co-management institution of equitable decision-making involving the forest department and GS committees. For every district where such community based or co-managed PAs exist, an additional Honorary Wildlife Warden will be appointed from one of the GS committees falling within or adjacent to a PA.

(h) Amendments may be needed to the Wildlife Protection Act 1972 to provide for the community-

based, and joint management institutions mentioned above, to provide for the current ‘settlement of rights’ process by the process of recognition of rights mandated under the FRA wherever

applicable, and to otherwise harmonize it with the provisions of the FRA while retaining its focus on conservation.

(i) There is an urgent need for change in the mind set of forest officials so that they have greater interaction with forest dwellers ensuring their all-round economic and social development, involving them at all stages of planning and implementation of forestry programmes run by the Department, and supporting their own planning and implementation of community-based forestry programmes. Forest Officials should be more adaptive, participatory and transparent in planning processes, based on robust research that is open to independent expertise and knowledge including from local communities.

(j) NTFP will play the most important role in the economic wellbeing for the forest dwelling communities. In order to ensure that the communities are able to derive full benefits on a sustained basis, the government should adopt market friendly policies, facilitate private trade, provide price support and act as a watchdog to ensure community benefits and ecological sustainability, rather than eliminate the trade. It should encourage local bulking, storage and processing, and bring large buyers in touch with the gatherers, so as to reduce the number of layers of intermediaries. The proposed policy change towards liberalization and de-regulation of NTFP trade from time to time needs to be strengthened.

(k) Investments to improve the productivity of forest lands under forest rights should be increased by using Tribal Department funds so that sustainable exercise of forest rights can be ensured through sustainability of forest resources. Recommendations 8

(a) For over all development of the forest dwelling communities convergence of various developmental schemes operating in areas of education, training, health, employment etc. to achieve higher “happiness index” is essential. The forest lands granted under FRA should be developed so that such lands are utilized to the optimum level of production on sustained basis along with creation of basic infrastructure (road, electricity, public and veterinary related hospitals, schools, water harvesting structures etc) for a decent way of life. The monitoring system should be put in place such that both at the district as well as State level all proposed services to the right holders are delivered speedily and smoothly. Officers with the right aptitude should be posted on a long term basis with proper training and members of civil society should be inducted in the monitoring committees at all level and also at the implementation level.

(b) The vocational training should be provided on priority basis to the right holders and their family members. The emphasis should be given to such trades which may create employment opportunities in and an around their habitation. However, if any right holders or his family members want to get training in such trade which can get them any better employment outside their habitation, the facilities should also be created for such training. Some of such trades can be computer training, food and vegetable preservation, jewellery, tailoring, electrical repair, motor winding, mushroom cultivation, cooking, carpet making, vehicle repair, sericulture, handicrafts, fish rearing, fabrication, welding, driving, building works masons making etc. The fund for training should be provided by the Ministry of Tribal Affairs, Government of India to various State Governments of priority basis.

(c) Every attempt should be made to avoid delay in transfer of benefits to the right holders or their family members under various schemes of development. For meeting this end, the attempt by Maharashtra TRTI of integrating the data base of all forest right holders on GIS platform by

giving a thirteen digit code to all claimants could be studied and used with local level modifications, as required.

(d) All development, educational, health and other inputs must be ecologically and culturally sensitive, and must be such that they create self-sufficiency and self-governance rather than continued dependence on outsiders. This is also likely to involve a review and modifications of existing schemes and programmes for such areas and communities. Focus should be on options like renewable decentralized energy, organic framing, small-scale industry, integrated (traditional and modern) health and educational facilities, and so on.

(e) MoTA needs to considerably enhance its role as the nodal agency, by more closely monitoring progress, gathering more robust and disaggregated data on implementation, commissioning independent studies, issuing clarificatory circulars including those suggested in this report, directing states to take action on officials who are obstructing or violating the FRA, taking action on violations such as relocation/displacement of people without FRA process having been completed or without Gram Sabha consent, and other aspects of poor or improper implementation.

(f) MoEF needs to move urgently towards the governance reforms suggested in this report, ensure that its circular regarding development projects on forest land get legal backing in FRA/FCA, halt all relocations from protected areas that are illegal, take action or direct action to be taken on officials obstructing or violating the FRA, ensure that the FRA process is respected in all afforestation/plantation programmes, encourage the CWH declaration with due process, and move towards reforming the MFP/NTFP collection and trade regimes as suggested in this report.

(g) GOI should establish a National Forest Rights Council which can regularly and systematically monitor the FRA implementation, guide states to take necessary action, and hold or authorize the holding of public consultations and independent assessments.

----------------- GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-21 ANSWERED ON-22.02.2011 IMPLEMENTATION OF FOREST RIGHTS ACT . 21 . SHRI MOINUL HASSAN (a) whether the implementation of the Forest Rights Act has been inappropriate; (b) whether the report by the National Committee on Forest Rights Act (FRA) which includes recommendations for implementing it effectively, has been taken into account; (c) if so, the details thereof; and (d) if not, the reasons therefor? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRI JAIRAM RAMESH) (a) Ministry of Tribal Affairs is the Nodal Ministry for the implementation of Forest Rights Act. Based upon the information available with the Ministry of Tribal Affairs, the States have reported progress in varying degrees in implementation of the Act. While States like Andhra Pradesh, Assam, Chhattisgarh, Gujarat, Jharkhand , Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tripura, Uttar Pradesh and West Bengal have established the prescribed structures and procedures, have received a large number of claims and have started distributing the title deeds, other States, because of various reasons, are still to catch up. As per the information collected by Ministry of Tribal Affairs, from various States/ UTs till 31st January 2011, more than 30.39 lakh claims have been filed and more than 11.09 lakh titles have been distributed. More than 34 thousand titles are ready for distribution. A total 25,53,315 claims have been disposed of (84.00%). (b) to (d) The report of the National Committee on Forest Rights Act is still under examination in the Ministry of Tribal Affairs. ---------------- GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-3608 ANSWERED ON-13.12.2010 VIOLATION OF FOREST RIGHTS ACT . 3608 . SHRI RUDRA NARAYAN PANY

(a) whether it is a fact that there are gross violation of Forest Rights Act going on during the land acquisition for the Orissa Power Generation Corporation and the National Thermal Power Corporation’s coal mining project in Sundargarh district in Orissa; (b) if so, the details thereof; and (c) whether Government would provide the details of forest right pattas and tribal development plans recommended by the gramsabhas and the tribal advisory councils for the project affected people who are almost all forest dwellers? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT & FORESTS (SHRI JAIRAM RAMESH) (a) & (b) The Ministry of Environment & Forests, so far, did not receive any proposal to obtain prior approval of the Central Government under the Forest (Conservation) Act, 1980, for diversion of forest land for Orissa Power Generation Corporation and the National Thermal Power Corporation’s coal mining project in Sundargarh district in Orissa. (c) Does not arise. -------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2927 ANSWERED ON-06.12.2010 PROPOSALS OF ANDHRA PRADESH UNDER FOREST RIGHTS ACT . 2927 . SHRI NANDI YELLAIAH (a) the details of the proposals submitted by Andhra Pradesh Government for upgradation of administration in scheduled areas of the State and for upliftment and welfare of Scheduled Tribes of the State under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 during the last two years; (b) the status of sanction/implementation of each of these proposals; and (c) the names of NGOs engaged in the State and the level of their performance, indicating the achievements made by them, district-wise separately? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, administered by the Ministry of Tribal Affairs, seeks to recognize and vest the forest rights and

occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded, and to provide for a framework for recording the forest rights so vested and the nature of evidence required for such recognition and vesting in respect of forest land. The Act does not envisage consideration of the proposals relating to upgradation of administration in scheduled areas and for upliftment and welfare of Scheduled Tribes. (b) & (c): In view of the reply to part (a) above, these questions do not arise. -------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2929 ANSWERED ON-06.12.2010 DELAYS IN NOTIFICATION OF CLAIMS UNDER FOREST RIGHTS ACT . 2929 . SHRIMATI T. RATNA BAI (a) the steps taken to reduce delays in the verification of claims under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (b) the details of the individual and community claims that have been filed and rejected, State-wise; and (c) the steps taken to create awareness about the Forest Rights Act among tribals ? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a): As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules framed thereunder, the responsibility for implementing the Act lies with the State/UT Governments. As per the Rules notified for implementing the Act, the claims filed are verified/adjudicated at three levels, namely, the Gram Sabha, Sub-Divisional Level Committee and finally by the District Level Committee. The Ministry has urged the State/UT Governments, from time to time, to take all measures necessary for completing the process of implementing the Act and ensuring that all the claims are disposed of at the earliest. (b): The requisite details are given at Annexure. (c): Immediately after operationalisation of the Act with effect from 31.12.2007, the Ministry had addressed the State/UT Governments to take various measures to create awareness about the objectives, provisions and procedures of the Act and the Rules through awareness programmes, printing of posters in the regional languages, translation and publication of the Rules in the regional languages and their distribution to all Gram Sabhas, Forest Rights Committees and the concerned Departments, orientation of officials, civil representatives, NGOs in the States etc. The Hon’ble Prime Minister had also addressed the Chief Ministers of the States for effective communication of the provisions of the Act and the Rules at multiple fora. The Ministry of Panchayati Raj also wrote to the States for organizing Gram Sabhas for

explaining the provisions of the Act and the Rules and the roles and responsibilities of the Panchayati Raj Institutions (PRIs), Gram Sabhas and Forest Rights Committees. Annexure referred to in part (b) of the reply to the Rajya Sabha Unstarred Question No. 2929 for answer on 06.12.2010, tabled by Shrimati T. Ratna Bai, MP, regarding “Delays in notification of claims under Forest Rights Act”. Statement showing the State-wise details of the individual and community claims filed and rejected under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (As on 31.10.2010) Sl. No. States/UTs No. of claims filed No. of Claims Rejected 1. Andhra Pradesh 3,29,858 (3,22,955 individual and 6,903 community) 1,51,527 2. Arunachal Pradesh - - 3. Assam 1,14,857 (1,10,019 individual and 4,838 community) - 4. Bihar 2,179 13 5. Chhattisgarh 4,91,374 (4,87,332 individual and 4,042 community) 2,71,468 6. Goa - - 7. Gujarat 1,91,477 (1,82,568 individual and 8,909 community) 15,621 8. Himachal Pradesh - - 9. Jharkhand 29,551 (29,097 individual and 454 community) 4,105 10. Karnataka 1,62,874 (1,60,101 individual and 2,773 community) 1,42,017 11. Kerala 37,407 (36,038 individual and 1,369 community) 1,543 12. Madhya Pradesh 4,09,000 (4,00,733 individual and 8,267 community) 2,59,225 13. Maharashtra 3,39,689 (3,35,701 individual and 3,988 community) 2,21,795 (2,20,523 individual and 1,272 community) 14. Manipur - - 15. Meghalaya - - 16. Mizoram - - 17. Orissa 4,10,669 (4,08,560 individual and 2,109 community) 99,308 (98,812 individual and 486 community) 18. Rajasthan 60,353 (60,019 individual and 334 community) 30,270 19. Sikkim - - 20. Tamil Nadu 21,781 - 21. Tripura 1,75,492 (1,75,215 individual and 277 community) 56,665 22. Uttar Pradesh 91,406 (91,089 Individual and 317 community) 67,788 23. Uttarakhand 182 1 24. West Bengal 1,37,162 (1,29,357 individual and 7,805 community) 79,525 25. A & N Islands - - 26. Daman & Diu - - 27. Dadra & Nagar Haveli - - Total 30,05,311 14,00,871 ------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-1382 ANSWERED ON-22.11.2010 IMPLEMENTATION OF FOREST RIGHTS ACT . 1382 . SHRI PARIMAL NATHWANI (a) the details of action taken by Government under the Scheduled Tribes and Other Traditional Forests Dwellers (Recognition of Forest) Rights Act, 2006: (b) how far the Act has benefited the tribals especially in Jharkhand; (c) whether any monitoring mechanism exists to ensure proper implementation of the Act; and (d) if so, the details thereof? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY)

(a), (c) & (d): As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules framed there under, the onus of implementing the Act and vesting the rights lies with the State/UT Governments. After enactment of the Act, the Ministry of Tribal Affairs has addressed the State / UT Governments to appoint nodal officers for implementing the Act, constitute the various Committees, namely, Sub Divisional Level Committee, District Level Committee and State Level Monitoring Committee prescribed under the Act, and take all measures necessary for implementing the Act. The Ministry is pursuing all the State/ UT Governments to ensure completion of the work relating to vesting of forest rights at the earliest. In order to monitor the proper implementation of the Act, the Ministry is obtaining the monthly progress reports from the State / UT Governments regarding the progress of implementation of the Act and is reviewing the progress periodically by convening review meetings of State Secretaries/ Commissioners of Tribal Welfare / Development Departments. The officers of the Ministry are also visiting the States to assess and guide the pace of implementation. The State Level Monitoring Committees have also been constituted in the various States to monitor the process of recognition, verification and vesting of forest rights in the States. The Ministry in consultation with National Informatics Centre (NIC) has developed a comprehensive web-based management information system (MIS). (b): As per the information available with the Ministry, the States have progressed in varying degrees in implementation of the Act. As on 31.10.2010, more than 30.05 lakh claims have reportedly been filed in various States/UTs and more than 10.80 lakh titles have been distributed. More than 29 thousand titles were ready for distribution. In the State of Jharkhand, 29,551 claims have been filed and 6,079 titles distributed so far. ----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2406 ANSWERED ON-16.08.2010 REVIEW OF IMPLEMENTATION OF FOREST RIGHTS ACT . 2406 . DR. BHALCHANDRA MUNGEKAR (a) whether the Ministry has taken a review of the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (b) how many claims have been received by the Ministry and how many of them have been settled; (c) how much is the total area of land for which the claims have been settled; and (d) whether the Ministry is contemplating any serious steps to secure the better implementation of the Act? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY)

(a): Yes, Sir. The Ministry of Tribal Affairs has been reviewing the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 by obtaining monthly progress reports on the status of the implementation of the Act from all the States/UTs. Review meetings with the concerned officers of the State / UT Governments are being held periodically. The officers of the Ministry are also visiting the States to assess and guide the pace of implementation. (b): As per the Act and the Rules framed thereunder, the onus of implementation of the Act lies with the State / UT Governments. As per the information collected from the States, the requisite details, as on 31st July, 2010, are as under: No. of claims received No. of title deeds distributed No. of claims rejected Total No. of claims disposed of / settled 28,49,000 9,93,988 11,91,362 21,85,350 (c): As per the information received from 11 States, as against 9,14,258 title deeds, the forest rights under the Act have been vested over a total area of 32,31,945.51 Acres of forest land, as on 31st July, 2010. The information in respect of the remaining title deeds has not been received from the States. (d): The Ministry has been interacting with all the State Governments and Union Territory Administrations urging them to expedite implementation of the Act. The Ministry has advised and is pursuing all the State/UT Governments to ensure completion of the work relating to the vesting of forest rights at the earliest. -------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2404 ANSWERED ON-16.08.2010 IMPLEMENTATION OF FOREST RIGHTS ACT IN RAJASTHAN . 2404 . DR. GYAN PRAKASH PILANIA (a) whether any study/survey has been made to ascertain the status of implementation of provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in Rajasthan; (b) if so, the details thereof, indicating the number of applications seeking recognition of land rights and vesting of forest land received in the State and disposed of till date; (c) the number of such applications rejected, if any; and (d) the reasons therefor? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY)

(a)&(b): The Ministry of Tribal Affairs is ascertaining the status of the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in all the States/UTs of the country, including Rajasthan, by obtaining monthly progress reports from all the States/UTs. The Ministry has not conducted any study/survey specifically for Rajasthan to ascertain the status of implementation of the Act in that State. As per the information collected from the Government of Rajasthan, the status of implementation of the Act in the State, as on 31.7.2010, is as under: No. of claims filed at Gram Sabha level No. of titles distributed No. of claims rejected Total No. of claims disposed of 60,353 (60,019 individual 334 community) 30,080 (30,038 individual and 42 community) 30,270 60,350 (c)&(d): As would be seen from above, out of 60,353 claims filed under the Act in Rajasthan till 31.7.2010, 30,270 claims were rejected. The claims for recognition of forest rights under the Act are adjudicated as per the procedure laid down in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008, notified on 1.1.2008 for implementing the provisions of the Act. ----------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-110 ANSWERED ON-26.07.2010 IMPLEMENTATION OF FOREST RIGHTS ACT . 110 . SHRIMATI BRINDA KARAT (a) the States which have taken the initiative in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act; (b) whether Government is aware about the repression by the forest department officials and the police indiscriminate eviction and false criminal cases being foisted against the tribal ignoring the prohibitory provision in FRA and the Rules; and (c) if so, what steps Government proposes to take in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a): As per the information available with the Ministry, States have progressed in varying degrees in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. While States like Andhra Pradesh, Assam, Chhattisgarh, Gujarat, Jharkhand,

Karnataka, Kerala, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tripura, Uttar Pradesh and West Bengal have established the prescribed structures and procedures, have received a large number of claims and have started distributing the title deeds, other States, because of various reasons, are still to catch up . (b) & (c): No specific cases of the type mentioned in part (b) of the Question have been reported to this Ministry. However, complaints received alleging eviction of tribal communities from forest land have been sent to the Ministry of Environment & Forests for necessary action. ------------------ GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-4034 ANSWERED ON-03.05.2010 VIOLATION OF FOREST RIGHTS ACT . 4034 . SHRIMATI SHOBHANA BHARTIA (a) whether two years after the implementation of the Forest Rights Act of 2008, most States have failed to notify the critical wildlife areas and have, instead, permitted projects in these areas; (b) whether the National Board on Wildlife has informed the Prime Minister that illegal mining and encroachment is creating a grave danger to wildlife in those areas; (c) whether any action has been taken against the erring States; and (d) if so, the current status of these projects? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRI JAIRAM RAMESH) (a) Proposal for declaration of Critical Wildlife Habitats are forwarded to the Central Government by the State Governments after due consultation with all the stakeholders including Gram Sabhas. A Central Level Committee thereafter scrutinizes the proposals and recommends to the Central Government, for notification of the Critical Wildlife Habitats. So far, no proposals complete in all respects have been received from the State Governments and no Critical Wildlife Habitats have been declared. Therefore, question of permitting project in such areas does not arise. (b) Yes, Sir. These issues came up for discussion during the 5th meeting of National Board for Wildlife held on 18th March, 2010 under the Chairmanship of Hon’ble Prime Minister. (c)& (d) There is a prescribed procedure before taking up developmental projects in Protected Areas. As per the Wildlife (Protection) Act, 1972 such developmental project proposals require recommendation of the State Board for Wildlife in case of Wildlife Sanctuaries and National Board for Wildlife in case of National Parks. Further, as per orders of Hon’ble Supreme Court all such projects require recommendation of Standing Committee of National Board for Wildlife and subsequent approval of Hon’ble Supreme Court. There are no reports in the Ministry to indicate that the State Governments have

not followed the above procedures. In cases of illegal mining etc, concerned State Governments have been advised to take appropriate action in such matters as per existing provision of law. ----------------------- GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS RAJYA SABHA UNSTARRED QUESTION NO-2495 ANSWERED ON-19.04.2010 VIOLATION OF FOREST RIGHTS ACT . 2495 . PROF. ALKA BALRAM KSHATRIYA (a) whether Government has accused the State Governments of deliberately violating the Forest Rights Act by not notifying critical wildlife habitats; (b) if so, the details thereof; (c) whether the land rights to tribals are under threat due to Forest Rights Act; and (d) if so, the corrective steps Government proposes to take in this regard? ANSWER MINISTER OF STATE (INDEPENDENT CHARGE) FOR ENVIRONMENT AND FORESTS (SHRI JAIRAM RAMESH) (a)&(b) No, Sir. There has been no instance of accusing the State Government for non compliance. (c)&(d) Forest Rights Act does not pose any threat to the land rights of the tribals. ----------------- --------------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-1189 ANSWERED ON-30.11.2009 FAILURE IN IMPLEMENTATION OF FOREST RIGHTS ACT . 1189 . SHRI K.E. ISMAIL D. RAJA (a) whether it is a fact that most of the States have failed to implement the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in an effective manner;

(b) if so, how far it has been implemented in different States; and (c) the measures being taken by the Central Government to ensure proper and speedy implementation of the Act? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a)&(b): No, Sir. The responsibility for implementing the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and vesting the rights lies with the State/UT Governments. The States have progressed in varying degrees in implementation of the Act. While the States like Andhra Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tripura and West Bengal have established the prescribed structures and procedures, have received a large number of claims and have started distributing the title deeds, other States, because of various reasons, are still to catch up. As per the information collected till 31st October 2009, more than 24.90 lakh claims have been filed and more than 5.68 lakh titles have been distributed. More than 43 thousand titles were ready for distribution. Status of State-wise implementation of the Act is given in Annexure. (c): The Ministry of Tribal Affairs has been interacting with all the State Governments and Union Territory Administrations urging them to expedite implementation of the Act. Review meetings with the concerned officers of the State Governments and Union Territory Administrations are being held at regular intervals. The officers of the Ministry are also visiting the States to assess and guide the pace of implementation. The Ministry has advised and is pursuing all the State/ UT Governments to ensure completion of the work relating to vesting of forest rights by end of December, 2009. Annexure Annexure referred to in reply to parts (a) to (b) of the Rajya Sabha Unstarred Question No.1189 for 30.11.2009 tabled by Shri K.E. Ismail and Shri D. Raja regarding “Failure in implementation of Forest Rights Act” Status of State-wise implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (As on 31.10.2009)

S. No

State Total number of claims received

Total number of titles deeds

distributed/ ready

Number of claims rejected

1. Andhra Pradesh 3,26,303 {3,19,703 individual and 6,600 community}

1,73,091 distributed 42,866

2. Arunachal Pradesh

3. Assam 66,546 (63,448 individual and 3098 community)

4. Bihar 788

S. No

State Total number of claims received

Total number of titles deeds

distributed/ ready

Number of claims rejected

5. Chhattisgarh 4,57,857 1,92,088 distributed 2,01,903

6. Goa 7. Gujarat 1,84,329 (1,76,242 individual

and 8,087 community5,668 distributed 528

8. Himachal Pradesh

9. Jharkhand 4,539 72 distributedincluding 2 community rights

10. Karnataka 45,801 -

11. Kerala 35,620(34,886 individual and 734 community).

23 distributed 9

12. Madhya Pradesh 3,71,993 (3,69,437 individual and 2,556 community)

47,460 distributed and 39,799 ready.

2,27,964

13. Maharashtra 2,66,572 2,453 distributed 170

14. Manipur - -

15. Meghalaya - -

16. Mizoram - -

17. Orissa 3,06,034 (3,04,336 individual and 1,698 community)

50,190 distributed -

18. Rajasthan 58,721 (58,708 individual and 13 community)

5,412 distributed 7,608

19. Sikkim

20. Tamil Nadu 8,352

21. Tripura 1,62,819 82,741 distributed 43,836

22. Uttar Pradesh 52,736 26

23. Uttaranchal

24. West Bengal 1, 41,783

9,602 distributed and 3,396 ready

43,997

25. A & N Islands

26. Daman & Diu

27. Dadra & Nagar Haveli

Total 24,90,793 5,68,800 distributed and 43,195 ready.

5,68,907

Notes: 1. Arunachal Pradesh: The State Government has informed that though they have constituted the SDLC, DLC and SLMC under the Act but unlike the other States of Indian Union where the Scheduled Tribes and other traditional forest dwellers are in minority and socio economically marginalized by other dominant non-tribal population, the State of Arunachal Pradesh is wholly domiciled by various ethnic tribal groups whose land and forests are specifically identified with natural boundaries of hillocks, ranges, rivers and tributaries. Barring few pockets of land under wildlife sanctuaries, reserved forests, most of the land in entire State is community land. Territorial boundaries of land and forest belonging to one community or tribes from the others are also identified in the same line leaving no scopes for any dispute over the possession of land forest or water bodies among the tribes. Therefore, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in true sense does not have much relevance to the State of Arunachal Pradesh. 2. Haryana: The State Govt. has informed that there are no Scheduled Tribes and other traditional forest dwellers living in the forests of Haryana. 3. Manipur: Information not available. 4. Mizoram: The State Government has informed that the Act is to be approved by the State Legislative Assembly as per the Article 371(G) of the Constitution. This is awaited. 5. Nagaland: The Government of Nagaland has informed that the land holding system and the village system of the Naga people is peculiar in that the people are the land owners. Hence, the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 per se may not be applicable to the State of Nagaland. 6. Sikkim: The Government of Sikkim has issued a notification dated 28.1.2008 regarding constitution of an Expert Committee for identification of Critical Wildlife habitats in Protected Areas (PAs) and have also constituted the various Committees under the Act but has not sent any report regarding the progress of implementation of the Act in the State so far. 7. A&N Islands: The Andaman & Nicobar Administration has informed that in A&N Islands there are no non-tribal forest dwellers as defined in the Act. The area inhabited by the Scheduled Tribes of A&N Islands has been declared as reserved area under the A&N Islands Protection of Aboriginal Tribes (Regulation), 1956. The interest of the tribals in the land situated in the reserved areas are fully protected under the provision of the regulation. The tribal reserves have been notified as reserved or protected forest reserve. 8. Daman & Diu: No progress. 9. Lakshadweep: The UT Administration has intimated that there are no terrestrial forests and no forest tribes or traditional forest dwellers in Lakshadweep.

10. Puducherry: The Government of Puducherry has informed that there are no recognized Scheduled Tribes in the Union Territory of Puducherry and also no land in Puducherry is classified as “Forest Land” coming within the definition of Clause 2(d) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. --------------------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-2301 ANSWERED ON-22.12.2008 IMPLEMENTATION OF FOREST RIGHTS ACT 2301 . SHRIMATI BRINDA KARAT (a) the status of the implementation of the Forest Rights Act, State-wise; (b) whether the Jharkhand Government has asked for clarifications regarding implementation of Forest Right Act, since there are no panchayat in the State; and (c) whether Government has provided any clarifications to the Jharkhand Government? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. RAMESHWAR ORAON) (a): As per the information available with the Ministry, States have progressed in varying degrees in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. While States like Andhra Pradesh, Chhattisgarh, Gujarat, Madhya Pradesh, Maharashtra, Orissa, Rajasthan, Tamil Nadu, Tripura and West Bengal have established the prescribed structures and procedures, have received a large number of claims and some have even started distributing title deeds, other States, because of various reasons, including holding of State and Panchayat elections, are still to catch up. As on 30.11.2008, 15,06,684 (approx) claims have been received and 94,264 titles distributed in various States. State-wise details at Annexure-A. (b) & (c): Yes, Sir. The Government of Jharkhand, vide their letter dated 29.2.2008, had informed that the State Government was facing problems in constituting the Forest Rights Committees, Sub-Divisional Level Committees and District Level Committee under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules framed thereunder as Panchayat elections have not been held in the State and there was no Gram Panchayat. The State Government had accordingly sought necessary instructions for implementing the Act in the State. Necessary directions were issued to the State Government on 9.7.2007 that in the absence of Panchayati Raj Institution in the State of Jharkhand, the State Government may arrange meetings of the Gram Sabhas and ensure representation in the prescribed Committees under the Act in consultation with the Department of Panchayati Raj and the Nodal Department of State Government on Forest Rights Act.

Annexure-A Status of implementation of the Forest Rights Act, 2006 in the States/ UTs

(As on 30.11.2008)

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

1. Andhra Pradesh

Yes Yes Yes

Yes Yes Yes Yes Yes 3,12,564 (3,07,104 individual and 5,460 community claims)

1,12,612 84,984 77,541 330 issued before the Court’s order (77541 are ready)

6,895

31.1.2009 (subject Court’s approval)

2. Arunachal Pradesh

Department of Social Welfare has been selected as the Nodal Department for implementation of the Act in the State. However, Nodal Officer has not been appointed by the State Govt., till now.

3. Assam

Yes Yes Yes Yes Is being done - Are being constituted

- - - - - - - February,

4. Bihar Yes Yes Yes Yes - Being created in a limited way through advertisement in local newspapers

Out of 390 Gram Sabhas, training completed in 50 Gram Sabha

Is in progress

495 - 495 - - - -

5. Chhattisgarh

Yes Yes Yes Yes Yes Going on in a large scale

- - 4,00,000 (approx) 1,05,000 (approx)

- 99,392 85,549 9,949 June, 200

6. Goa Yes Proposal under consideration of Government

Is in progress Has been started and going on in large scale

- - - - - - - - -

7. Gujarat

Yes Yes Yes Yes Yes Yes Yes Yes 82,397 (individual) and 1595 (community)

- - - - - 31.3.200

8. Haryana

The State Government has informed that there are no Scheduled Tribes and other traditional forest dwellers living in the forests of Haryana.

9. Himachal Pradesh

Yes Yes Yes Yes No need Yes Yes Yes, in 142 Gram Sabhas out of 151 Gram Sabha (94%)

- - - - - -

10. Jharkhand

Yes Yes Yes Yes Yes Yes Yes 2071 878 - - - - -

11. Karnataka

Yes Yes Yes Yes Yes Yes Has been started

1148 - - - - - -

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

12. Kerala

Yes Yes Yes Yes Yes Yes Yes Elections to FRCs are in progress. 281 out of 404 FRCs have been constituted.

- - - - - -

13. Madhya Pradesh

Yes Yes Yes Yes Yes Yes Yes Yes 2,97,000 1,02,789 28,602 15,251 8,059 distributed and 7,192 ready for

4,275

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

distribution

14. Maharashtra

Yes Yes Yes Yes Yes Yes Yes Yes 1,07,863 3,139 39 37 - 2

15. Manipur

No response from the State Government.

16. Meghalaya

Yes No No No Translation of the Act in local languages is held up on account of non-availability of the Act’s legal lexicon in local languages

Is being done - - - - - - - - -

17. Mizoram

No Yes Yes Yes Yes No No Yes - - - - - -

18. Nagaland

Government of Nagaland has informed that the land holding system and the village system of the Naga people is peculiar in that the people are the land owners. There are no tribes or group of people or forest dwellers in the State of Nagaland. Hthe Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 per se may not be applicable to the State of Nagaland.

19. Orissa

Yes Yes Yes Yes Yes Yes Yes Yes, in 45684 villages out of 46515 villages

22,60,80 1,37,362 5,394 399

- -

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

20. Rajasthan

Yes Yes Yes Yes Yes Yes Yes Yes 34,417 (including 2 community claims)

8,947 2,704 2,043

321 pattas distributed and 1722 claims read

230

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

y but are withheld owing to the coming into

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

force of model code of conduct for electio

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

ns.

21. Sikkim

The Government of Sikkim has issued a notification dated 28.1.2008 regarding constitution of an Expert Committee for identification of Critical Wildlife habitats in Protected Areas (PAs).

22. Tamil Nadu

Yes Yes Yes Yes Yes Has started in a limited way

- Work of setting up FRCs has started. Gram Sabha meetings convened on 15.08.2008

1080 - - - - -

23. Tripura

Yes Yes Yes Yes Yes Yes Workshop organized for the officials of PRI/SDLC/DLC.

Yes 74,370 13,995 0 0 0 85

24. Uttar Pradesh

Yes Yes Yes Yes No need 15000 copies of the Act and the Rules have been printed and distributed to different departments.

Has started - - - - - - -

25. Uttarakhand

Yes Yes Yes No - Yes - 3,758 out of 7,541 Gram Panchayats

- - - - - -

26. West Bengal

Yes Yes Yes Yes Yes Yes Yes Yes 1,37,825 (1,34,977 individual claims and 2848 community claims)

14,503 (14,328 individual and 175 community claims) verified and 25 cases sent to SDLC

19 5 5 987

27. Andaman & Nicobar Islands

Yes Yes Yes No Translation has been completed but publication of the translated version yet not done.

Yes Under process - - - - - - -

28. Daman &

The Administration of Daman & Diu has made a reference to this Ministry that the term “State Government” has not been defined under the Act or the Rules thereof. As Daman & Diu is a UT, they have not been able to constitute the presCommittees for implementing the Act. The Administration has requested that the term “State Government” may be defined that the State Government in relation to the Union Territories is the Administrator appointed under Article 239

S.No State/UT

Appointment of Nodal Officer

Formation of various Committees

Translation of the Act and the Rules into the

regional languages and distribution to Gram

Sabha, FRCs etc.

Creation of Awareness about the provisions of the Act and the Rules

Training of PRI officials, SDLC, DLC members,

etc.

Constitution of Forest Rights

Committees by Gram Sabhas

No. of claims filed at Gram Sabha level

No. of claims recommended by Gram Sabha to

SDLC

No. of claims

recommended by

SDLC to DLC

No. of claims approved by

DLC for title

No. of titles distributed

No. of claims rejected

Projectedfor distrib

of title dSDLC

DLC SLMC

1 2 3 4 5 6 7 8 9 10 11 12 13 14

15

Diu Constitution of India. The Ministry has referred the issue to the Ministry of Law & Justice for their advice.

29. Dadra & Nagar Haveli

Yes Yes Yes Yes Has been completed

Has been started and is going on

Has started - - - - - - -

30. Lakshdweep

The UT Administration has intimated, vide letter dated 6.2.2008, that there are no terrestrial forests and no forest tribes or traditional forest dwellers in Lakshadweep.

Total 15,06,684 94,264 issued and 86,455 ready

----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-4134 ANSWERED ON-05.05.2008 IMPLEMENTATION OF FOREST RIGHTS ACT . 4134 . SHRI PRAVEEN RASHTRAPAL (a) the details of progress made in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, State-wise; (b) how may claim applications in Form-A have been filed, as on 31st March, 2008, State-wise; and (c) how may tribals or forest dwellers are actually given land pattas, State-wise? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. RAMESHWAR ORAON) (a), (b) & (c): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been notified for operation with effect from 31st December, 2007. The responsibility for implementing the Act lies with the State/ UT Governments. Soon after the operationalisation of the Act, this Ministry had addressed the State/UT Governments on 11-1-2008 for constituting various Committees under the Act and for initiating necessary action for recognition and vesting of the forest rights in the forest dwelling Scheduled Tribes and other traditional forest dwellers. The State/UT Governments are still in the process of implementing the provisions of the Act and information of progress has started pouring in. The Ministry of Tribal Affairs has not received any information from the States so far regarding the claim applications filed for vesting of forest rights and distribution of pattas to the eligible forest dwelling scheduled tribes and other traditional forest dwellers. ----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS RAJYA SABHA UNSTARRED QUESTION NO-3685 ANSWERED ON-28.04.2008 ENACTMENT OF FOREST RIGHTS ACT . 3685 . SHRI B.K. HARIPRASAD

(a) whether follow-up action on the recently enacted Forest Rights Act has been initiated at the village level to ascertain the rights of forest dwellers and distribution of pattas to the rightful applicants; (b) whether the Act has been challenged through petitions in various High Courts and the Supreme Court; (c) if so, the details thereof; and (d) whether Government proposes to appeal to the Supreme Court to consolidate all the cases pending with the High Courts, before its three member Forest Bench, for expeditious disposal? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. RAMESHWAR ORAON) (a) : The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been notified for operation with effect from 31st December, 2007. The responsibility for implementing the Act lies with the State/ UT Governments. Soon after the operationalisation of the Act, this Ministry had addressed the State/UT Governments on 11-1-2008 for constituting various Committees under the Act and for initiating necessary action for recognition and vesting of the forest rights in the forest dwelling Scheduled Tribes and other traditional forest dwellers. The State/UT Governments are still in the process of implementing the provisions of the Act. The Ministry of Tribal Affairs has not received any information from the States so far regarding the vesting of forest rights and distribution of pattas to the eligible forest dwelling scheduled tribes and other traditional forest dwellers. (b) & (c): Yes, Sir. The Act has been challenged through petitions in the High Courts of Andhra Pradesh, Chennai, Madurai and Bombay and also in the Supreme Court. (d) : A petition has been filed in the Supreme Court on 5-4-2008 for transferring all the cases pending in the High Courts for combined hearing by the Apex Court. ---------------------- GOVERNMENT OF INDIA MINISTRY OF PANCHAYAT RAJ RAJYA SABHA UNSTARRED QUESTION NO-1486 ANSWERED ON-13.03.2008 GRAM SABHA ROLE IN IMPLEMENTING FOREST RIGHTS ACT . 1486 . SHRI A. VIJAYARAGHAVAN (a) whether Gram Sabha has a substantial part in the implementation of Forest Rights Act (FRA); (b) if so, the details including processes initiated by Gram Sabha for implementation of FRA as on today, State-wise, category-wise; (c) if so, the details of claims filed in prescribed format and number of such claims collected and forwarded by Gram Sabha as on today, State-wise, category-wise;

(d) if so, whether there is any delay in convening meeting of Gram Sabha for initiating various processes in the implementation of Forest Rights Act; and (e) if so, the reasons therefor ? ANSWER MINISTER OF PANCHAYATI RAJ (SHRI MANI SHANKAR AIYAR) (a): Yes, Sir. As per the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), the Gram Sabha is the competent authority for initiating the process of determining the nature and extent of forest rights to be recognized and vested, which are to be scrutinized by the Sub-Divisional Level Committee, after which the District Level Committee will approve the claims and record of forest rights. Section 6(1) of the Forest Rights Act states that “the Gram Sabha shall be the authority to initiate the process for determining the nature and extent of individual or community forest rights or both that may be given to the forest dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its jurisdiction under this Act by receiving claims, consolidating and verifying them and preparing a map delineating the area of each recommended claim in such manner as may be prescribed for exercise of such rights and the Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a copy of the same to the Sub-Divisional Level Committee.” Rule 3 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) states that “the Gram Sabhas shall be convened by the Gram Panchayat and in its first meeting it shall elect from amongst its members, a committee of not less than ten but not exceeding fifteen persons as members of the Forest Rights Committee, wherein at least one-third members shall be the Scheduled Tribes: provided that not less than one-third of such members shall be women, provided further that where there are no Scheduled Tribes, at least one-third of such members shall be women”. Rule 4 lays down functions of the Gram Sabha and states that “the Gram Sabha shall (a) initiate the process of determining the nature and extent of forest rights, receive and hear the claims relating thereto; (b) prepare a list of claimants of forests rights and maintain a register containing such details of claimants and their claims as the Central Government may by order determine; (c) pass a resolution on claims on forest rights after giving reasonable opportunity to interested persons and authorities concerned and forward the same to the Sub-Divisional Level Committee, (d) consider resettlement packages under clause (e) of sub-section (2) of Section 4 of the Act and pass appropriate resolutions; and (e) constitute Committees for the protection of wildlife, forest and biodiversity, from amongst its members, in order to carry out the provisions of section 5 of the act.” Rule 11 details the procedure for filing, determination and verification of claims by the Gram Sabha. The rule states that “the Gram Sabhas shall (a) call for claims and authorize the Forest Rights Committee to accept the claims in the Form as provided in Annexure-I of these rules and such claims shall be made within a period of three months from the date of such calling of claims along with at least two of the evidences mentioned in rule 13, shall be made within a period of three months, provided that the Gram Sabha may, if consider necessary, extend such period of three months after recording the reasons thereof in writing; (b) fix a date for initiating the process of determination of its community forest resource and intimate the same to the adjoining Gram Sabhas where there are substantial overlaps, and the Sub-Divisional Level Committee.”

(b), (c), (d) and (e): After operationalization of the Act and notification of the Rules, the Ministry of Tribal Affairs has written to all State/UT Governments on 11.1.2008 to constitute various Committees under the Act immediately and also initiate necessary action for recognition and vesting of the forest rights in the forest dwelling Scheduled Tribes and other traditional forest dwellers under the Act. The Ministry of Panchayati Raj has also written to the States/UTs on 15.2.2008 suggesting that the States may organize Gram Sabhas on 28.2.2008 during which the provisions of the Act and the Rules and the roles and responsibilities of PRIs, Gram Sabhas and Forest Rights Committees are explained. The requisite details sought in part (b) to (e) of the Question are yet to be received from the State/UT Governments.