forest rights act related information discussed in …wwfenvis.nic.in/files/lok sabha - forest right...

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

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

Q.NO. Q.Type Date Ministry Member Title

1835 UNSTARRED 16.08.2013 TRIBAL AFFAIRS BAIJAYANT PANDA

APPLICABILITY OF FOREST RIGHTS ACT

5996 UNSTARRED 03.05.2013 MINES ABDULRAHMAN VIOLATION OF FOREST RIGHTS ACT

275* STARRED 15.03.2013 TRIBAL AFFAIRS

KHAGEN DAS,FEROZE VARUN GANDHI

IMPLEMENTATION OF THE FOREST RIGHTS ACT

721* UNSTARRED 01.03.2013 TRIBAL AFFAIRS

RAMSINHBHAI PATALBHAI RATHWA

IMPLEMENTATION OF FOREST RIGHTS ACT

2345 UNSTARRED 07.12.2012 TRIBAL AFFAIRS

KAUSHALENDRA KUMAR

NATIONAL COMMITTEE ON FOREST RIGHTS ACT, 2006


YASHBANT NARAYAN SINGH LAGURI

JOINT COMMITTEE FOR IMPLEMENTATION OF FOREST RIGHTS ACT


MANSUKHBHAI D. VASAVA,YASHBANT NARAYAN SINGH LAGURI


2299* UNSTARRED 24.08.2012 TRIBAL AFFAIRS

GANGASANDRA SIDDAPPA BASAVARAJ

SAXENA COMMITTEE REPORT ON THE FOREST RIGHTS ACT



THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS RECOGNITION OF FOREST RIGHTS ACT

3793 UNSTARRED 27.04.2012 TRIBAL AFFAIRS P. K. BIJU


2811 UNSTARRED 30.03.2012 TRIBAL AFFAIRS BADRUDDIN AJMAL



RANJAN PRASAD YADAV

SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006


HARISCHANDRA DEORAM CHAVAN FOREST RIGHTS ACT, 2006



SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006


HARIBHAU MADHAV JAWALE,SURESH KUMAR SHETKAR FOREST RIGHTS ACT

83* STARRED 05.08.2011 TRIBAL AFFAIRS

BASUDEB ACHARIA,WAKCHAURE BHAUSAHEB RAJARAM FOREST RIGHTS ACT, 2006

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BABAR GAJANAN DHARMSHI,RUDRAMADHAB RAY, ANANDRAO VITHOBA ADSUL,KHAGEN DAS,SHIVAJI ADHALRAO PATIL FOREST RIGHTS ACT

5215* UNSTARRED 27.08.2010 TRIBAL AFFAIRS NISHIKANT DUBEY

IMPLEMENTATION OF FOREST RIGHTS ACT, 2006

3365 UNSTARRED 13.08.2010 TRIBAL AFFAIRS BASUDEB ACHARIA FOREST RIGHTS ACT

195 STARRED 06.08.2010 TRIBAL AFFAIRS

KOWASE MAROTRAO SAINUJI,UMA SHANAKER SINGH

IMPLEMENTATION OF THE FOREST RIGHTS ACT, 2006


ANANDRAO VITHOBA ADSUL,GANGASANDRA SIDDAPPA BASAVARAJ,HANSRAJ GANGARAM AHIR


135 STARRED 27.11.2009 TRIBAL AFFAIRS

UMA SHANAKER SINGH

IMPLEMENTATION OF FOREST RIGHTS ACT, 2006

4895* UNSTARRED 07.08.2009 PANCHAYATI RAJ

ANANDRAO VITHOBA ADSUL,SHIVAJI ADHALRAO PATIL

IMPLEMENTATION OF SCHEDULED TRIBES AND OTHER FOREST RECOGNITION OF FOREST RIGHTS ACT


BABAR GAJANAN DHARMSHI FOREST RIGHTS ACT


ARJUN MUNDA,YASHBANT NARAYAN SINGH LAGURI, ANANDRAO VITHOBA ADSUL,MANSUKHBHAI D. VASAVA,SHIVAJI ADHALRAO PATIL

SCHEDULED TRIBES AND OTHER FOREST DWELLERS RECOGNITION OF FOREST RIGHTS ACT


MADHUSUDAN DEVRAM MISTRY


2927 UNSTARRED 19.03.2008

ENVIRONMENT AND FORESTS

ANANDRAO VITHOBA ADSUL FOREST RIGHTS ACT

239 STARRED 14.03.2008 TRIBAL AFFAIRS M. JAGANNATH FOREST RIGHTS ACT 2006

GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 1835 ANSWERED ON 16.08.2013 APPLICABILITY OF FOREST RIGHTS ACT

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1835 . Shri BAIJAYANT PANDA Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government proposes to extend the applicability of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to fisherman of Bhitarkanika wildlife sanctuary for fishing inside the sanctuary; (b) if so, the details thereof; and (c) the steps taken by the Government in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a) to (c): The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 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. The term “forest land” as defined in Section 2(d) of the Act means land of any description falling within any forest area including the wildlife sanctuaries. The forest rights recognized under the Act include the community rights of uses or entitlements of fish and other products of water bodies. Therefore, if the fishermen of Bhitarkanika wildlife sanctuary are “forest dwelling Scheduled Tribes” and “other traditional forest dwellers” within the meaning of the Act, then they are eligible for recognition of the said community right of uses or entitlements of fish and other products of water bodies. --------------------------- GOVERNMENT OF INDIA MINISTRY OF MINES LOK SABHA UNSTARRED QUESTION NO 5996 ANSWERED ON 03.05.2013 VIOLATION OF FOREST RIGHTS ACT 5996 . Shri ABDULRAHMAN Will the Minister of MINES be pleased to state:- (a) whether the Government has urged various States for cancellation of mineral concessions which were granted in violation of the Forest Rights Act, 2006; (b) if so, the details thereof; (c) the details of mineral concessions that have been granted in violation of the said Act, State/UT-wise; and (d) the steps taken or proposed to be taken by the Government to protect the rights of tribals in this regard? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF MINES (SHRI DINSHA PATEL) (a) & (b) No Madam. However, the Ministry of Environment and Forests (MoEF) have informed that they have issued guidelines on 3rd August,2009 and 5th February,2013 on submission of documentary evidences in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 along with the proposals seeking prior approval of the Central Government under the Forest (Conservation) Act, 1980 for diversion of forest land for non-forest purpose, including for mining projects.

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(c) The Ministry of Mines conveys its prior approval for grant of mineral concessions subject to statutory approvals including forest clearances under the Forest (Conservation) Act. Only after these approvals are given, mineral concessions are granted by the State Governments. (d) The Government has introduced the Mines and Minerals (Development and Regulation) Bill (MMDR Bill), 2011 in Lok Sabha on 12.12.2011 in which there is a provision for sharing of benefits with the local population which would enable monetary benefit to families affected by mining related activities and creation, management and maintenance of local infrastructure in areas affected by mining related operations. -------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA STARRED QUESTION NO 275 ANSWERED ON 15.03.2013 IMPLEMENTATION OF THE FOREST RIGHTS ACT 275 . Shri KHAGEN DAS FEROZE VARUN GANDHI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government has identified the factors that impede the implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in the country; (b) if so, the details thereof along with the corrective measures taken by the Government including amendments to be made in the Act in this regard; (c) the details of the claims for distribution of titles lying pending under the Act, State/UT-wise along with the time by which these are likely to be settled; (d) whether some States have also shown concerns in the implementation of the Act, and (e) if so, the names thereof indicating the implementation status thereof by the States /UTs along with the corrective measures taken by the Government in this regard? ANSWER MINISTER OF TRIBAL AFFAIRS (SHRI V. KISHORE CHANDRA DEO) (a) to (e): A statement is laid on the Table of the House. Statement referred to reply to parts (a) to (e) of Lok Sabha Starred Question No. 275 (15th position) for answer on 15.03.2013 tabled by Shri Khagen Das & Shri Varun Gandhi regarding “Implementation of the Forest Rights Act, 2006”. (a) & (b) The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 had been enacted with the objective of remedying the historical injustice to the forest dwelling Scheduled Tribes and other traditional forest dwellers of the country. The Act became operational with the notification of Rules on 01-01-2008. The Ministry noticed several problems impeding the implementation of the Act in letter and spirit, which inter-alia included convening of Gram Sabha meetings at the panchayat level (in some cases) resulting in exclusion of smaller habitations not formally part of any village; non-recognition of un-hindered absolute rights over the minor forest produce (MFP) to forest dwellers; continuance of monopoly of the State Forest Corporations in the trade of high value MFPs; rejection of claims without assigning any reason; claimants not being informed about rejection of claims thereby denying them the opportunity to appeal against rejection; insistence on particular type of evidence for accepting claims; introducing extraneous evidences such as satellite imagery to reject claims duly supported by

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evidences required under the Rule; lack of awareness about community rights, non-recognition of rights in National Parks and Sanctuaries etc. The Ministry undertook an exercise to arrive at certain provisions and steps for facilitating robust implementation of the Act. Based on the outcome of the said exercise, the Ministry has issued comprehensive guidelines to the State/UT Governments on 12.7.2012 for better implementation of the Act and followed it up by amending the Forest Rights Rules on 06-09-2012 to remove the impediments in the implementation of FRA in letter and spirit. At present, no amendment in the Act is proposed. (c) The details of the claims for distribution of titles lying pending under the Act, State/UT-wise, is at Annexure. As per the Act, the onus of implementation of the provisions of the Act lies at the level of State/UT Governments. The State Governments have prepared Action Plans for the implementation of FRA which include disposal of pending claims in a time-bound manner. (d) & (e) The State Governments of Arunachal Pradesh, Nagaland, Manipur, Meghalaya and Sikkim have informed about the limitations of applicability of FRA in their States. The State Government of Arunachal Pradesh has informed that barring few pockets of land under wildlife sanctuaries and reserved forests, most of the land in the entire State is community land and therefore, FRA does not have much relevance in the State. The State Government of Manipur has informed that the tribal communities and tribal chiefs are already holding ownership of forest land and therefore, implementation of FRA is perceived minimal. The State Government of Meghalaya has informed that 96% of the forest land is owned by the clans/communities/individuals and therefore implementation of FRA has limited scope. The State Government of Nagaland has informed that the land holding system and the village system of the Naga people is peculiar in the sense that the people are the land owners, hence FRA per se may not be applicable to the State. However, a Committee has been constituted to examine the applicability of the Act as per the provisions of Article 371(A) of the Constitution. The State Government of Sikkim has informed that there are no forest dwelling Scheduled Tribes and Other Traditional Forest Dwellers in the true sense of the term as most of the Scheduled Tribes of Sikkim hold revenue land and are not solely dependent on forests for their livelihood. The Ministry organized five Regional Workshops on FRA including one for the North-East States on 19-11-2012. The Ministry emphasized to these States that FRA provides an opportunity to get all the traditional rights over forest land recorded, thereby giving legal force to the traditional rights already being enjoyed by the people/communities/ clans in the North Eastern States. The implementation status in all the States/UTs including the above States is at Annexure. ANNEX Annexure referred to in reply to part (c) of the Lok Sabha Starred Question No. 275 for answer on 15.03.2013 tabled by Shri Khagen Das and Shri Varun Gandhi, MP, regarding “Implementation of Forest Rights Act, 2006” State-wise details of the claims pending under the Forest Rights Act, 2006. (As on 28.02.2013)

Sl. No.

States No. of Claims received

No. of Titles Distributed

No. of Claims Rejected

Total No. of Claims Disposed off / % respect of claims received

No. of claims pending

1. Andhra Pradesh 3,30,479 1,67,797 1,53,438 3, 21,235 (97.20%) 9,244 2. Arunachal Pradesh - - - - - 3. Assam 1,31,911 36,267 37,669 73,936 (56.04%) 57,975 4. Bihar 2,930 28 1,644 1,672 (57.06%) 1,258 5. Chhattisgarh 4,92,068 2,15,443 2,72,664 4, 88,107 (99.19%) 3,961 6. Goa - - - - - 7. Gujarat 1,91,592 42,752 18,399

61,151 (31.91%) 1,30,441

8. Himachal Pradesh 5,688 7 2,144 2,151 (37.81%) 3,537

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9. Jharkhand 42,003

15,296 16,958

32,254 (76.78%) 9,749

10. Karnataka 1,63,370 6,301 1,56,027 1, 62,328 (99.36%) 1,042 11. Kerala 37,535 23,777 4,252 28,029 (74.67%) 9,506 12. Madhya Pradesh 4,72,108 1,72,684 2,79,334 4, 52,018 (95.74%) 20,090 13. Maharashtra 3,44,330 99,368 2,34,242 3, 33,610 (96.88%) 10,720 14. Manipur - - - - - 15. Meghalaya - - - - - 16. Mizoram - - - - - 17. Orissa 5,32,464 3,01,200 1,31,970 4, 33,170 (81.35%) 99,294 18. Rajasthan 64,422 32,080 30,914 62,994 (97.78%) 1,428 19. Sikkim - - - - - 20. Tamil Nadu* 21,781 (3,723 titles

ready) - - -

21. Tripura 1,82,617 1,20,473 21,384 1, 41,857 (77.68%) 40,760 22. Uttar Pradesh 92,433 17,705 73,028 90,733 (98.16%) 1,700 23. Uttarakhand 182 - 1 1 (0.54 %) 181 24. West Bengal 1,37,278 29,532 78,627 1, 08,159 (78.78%) 29,119 25. A & N Islands - - - - - 26. Daman & Diu - - - - - 27. Dadra & Nagar Haveli - - - - - Total 32,45,191 12,80,710 15,12,695 27, 93,405 (86.07%) 4,51,786 * Distribution of title held up due to restrictive order of the Madras High Court. --------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 721 ANSWERED ON 01.03.2013 IMPLEMENTATION OF FOREST RIGHTS ACT 721 . Shri RAMSINHBHAI PATALBHAI RATHWA Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Forest Rights Act has been implemented throughout the country; (b) if so, the details thereof, State/ UT-wise; (c) the number of people who have given authority letter and the number of people who have been given the authority letter under group claim, separately, State/ UT-wise; (d) whether the Government proposes to award lease under the land revenue on authority letters under the Act; and (e) if so, the details thereof? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH)

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(a) & (b): The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006, extends to the whole of India except the State of Jammu & Kashmir. As per the information collected from the State/ UT Governments, till 31st January, 2013, more than 32.45 lakh claims have been filed and more than 12.80 lakh titles have been distributed under the Act. More than 16 thousand titles were ready for distribution. The State/ UT-wise details are given in the Annexure. (c): As would be observed from the details given in the Annexure, a total number of 12,80,100 titles have been distributed under the Act till 31st January, 2013. These include 12,62,218 individual and 17,882 community titles. The State/ UT-wise break-up of the individual and community titles distributed under the Act is also given in the Annexure. (d) & (e): No such plan is under consideration of the Ministry of Tribal Affairs as the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 does not envisage award of lease under the land revenue to forest rights holders under the Act. ANNEXURE ANNEXURE Annexure referred to in reply to parts (a) & (b) of the Lok Sabha Unstarred Question No. 721 for answer on 1.3.2013 tabled by Shri Ramsinh Rathwa MP, regarding “Implementation of Forest Rights Act”. Statement showing the State/ UT-wise status of implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (As on 31.01.2013)

Sl. No.

States No. of claims received No. of titles distributed No. of claims rejected

Total No. of claims disposed off / % with respect to claims received

1. Andhra Pradesh 3,30,479 (3,23,765 individual and 6,714 community)

1,67,797 (1,65,691 individual and 2,106 community)

1,53,438 3,21,235 (97.20%)

2. Arunachal Pradesh

- - - -

3. Assam 1,31,911 (1,26,718 individual and 5,193 community)

36,267 (35,407 individual and 860 community)

37,669 73,936 (56.04%)

4. Bihar 2,930 28 1,644

1,672 (57.06%)

5. Chhattisgarh 4,92,068 (4,87,332 individual and 4,736 community)

2,15,443 (2,14,668 individual and 775 community)

2,72,664

4,88,107 (99.19%)

6. Goa - - - - 7. Gujarat 1,91,592 (1,82,869

individual and 8,723 community)

42,752 (40,994 individual and 1,758 community)

18,399(13,252 individual and 5,142 community)

61,151 (31.91%)

8. Himachal Pradesh

5,688 7 2,144 2,151 (37.81%)

9. Jharkhand 42,003

15,296 16,958

32,254 (76.78%)

10. Karnataka 1,63,370 (1,60,474 individual and 2,896 community)

6,301(6,237 individual and 64 community)


1,62,328 (99.36%)

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Sl. No.

States No. of claims received No. of titles distributed No. of claims rejected

Total No. of claims disposed off / % with respect to claims received

11. Kerala 37,535 (36,140 individual and 1,395 community)

23,167 (23,163 individual and 4 community

4,252

27,419 (73.04%)

12. Madhya Pradesh


1,72,684 (1,63,311 individual and 9,373 community) distributed and 9,215 title deeds are ready to be distribution

2,79,334 4,52,018 (95.74%)

13. Maharashtra 3,44,330 (3,39,289 individual and 5,041 community)

99,368 (98,335 individual and 1,033 community)


3,33,610 (96.88%)

14. Manipur - - - - 15. Meghalaya - - - - 16. Mizoram - - - - 17. Orissa 5,32,464 (5,29,160


3,01,200 distributed (3,00,321 individual and 879 community)


4,33,170 (81.35%)

18. Rajasthan 64,422 (64,076 individual and 346 community)


30,914

62,994 (97.78%)

19. Sikkim - - - - 20. Tamil Nadu 21,781 (18,420


(3,723 titles are ready) - -

21. Tripura 1,82,617 (1,82,340 individual and 277 community)



1,41,857 (77.68%)

22. Uttar Pradesh 92,433 (91,298 Individual and 1,135 community)


73,028

90,733 (98.16%)

23. Uttarakhand 182 - 1

1 (0.54 %)

24. West Bengal 1,37,278 (1,29,454 individual and 7,824 community)

29,532 (29,424 individual and 108 community) and 3,288 titles are ready

78,627

1,08,159 (78.78%)

25. A & N Islands - - - - 26. Daman & Diu - - - - 27. Dadra & Nagar

Haveli - - - -

Total


12,80,100 (12,62 ,218 individual and 17,882 community) and 16,226 ready.

15,12,695 27,92,795 (86.05%)

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-------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2345 ANSWERED ON 07.12.2012 NATIONAL COMMITTEE ON FOREST RIGHTS ACT, 2006 2345 . Shri KAUSHALENDRA KUMAR Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government has constituted National Committee on Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to monitor the implementation of the Act; (b) if so, the details thereof along with the major recommendations of the said committee; and (c) the action taken by the Government on the said recommendations? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a) to (c): The Ministry of Environment & Forests and the Ministry of Tribal Affairs had constituted a Joint Committee in April 2010 to study in detail the implementation of the Forest Rights Act, 2006 (FRA) including factors that were aiding/ impeding its implementation and recommend necessary policy changes in the future management of the forestry sector in India which might be necessary as a consequence of the implementation of the Forest Rights Act. The Committee has submitted its report to the Government. The report includes inter-alia recommendations/ suggestions relating to process and institutions of the FRA, individual and community forest rights, future structure of forest governance, enhancing livelihoods through non-timber forest produce and convergence of development programmes for tribals and forest dwellers. The recommendations/ suggestions of the Committee are under examination. ----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2518 ANSWERED ON 07.12.2012 JOINT COMMITTEE FOR IMPLEMENTATION OF FOREST RIGHTS ACT 2518 . Shri YASHBANT NARAYAN SINGH LAGURI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Joint Committee of the Ministry of Environment and Forests and Ministry of Tribal Affairs set up for implementation of Forest Right Act, 2006 have submitted its recommendations and suggestions; (b) if so, the details of recommendations made by the Committee; (c) whether the recommendations of the Committee have been examined; (d) if so, the details thereof; and

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(e) if not, the reasons for delay in this regard along with reaction of the Government thereto? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a) & (b): Yes, Madam. The Joint Committee of the Ministry of Environment & Forests and the Ministry of Tribal Affairs, constituted in April 2010, to study in detail the implementation of the Forest Rights Act, 2006 including factors that are aiding/ impeding its implementation and recommend necessary policy changes in the future management of the forestry sector in India which may be necessary as a consequence of the implementation of the Forest Rights Act has submitted its report to the Government. The report includes inter-alia recommendations/ suggestions relating to process and institutions of the FRA, individual and community forest rights, future structure of Forest Governance, enhancing livelihoods through non-timber forest produce and convergence of development programmes for tribals and forest dwellers. (c) to (e): The recommendations/ suggestions of the Committee are under examination. -------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 4447 ANSWERED ON 07.09.2012 IMPLEMENTATION OF FOREST RIGHTS ACT 4447 . Shri MANSUKHBHAI D. VASAVA YASHBANT NARAYAN SINGH LAGURI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Department of Forests is reportedly intervening in implementation of Forest Rights Act, 2006 due to which rights of tribals are being violated; (b) if so, the reaction of the Government thereto; and (c) the corrective steps taken by the Government in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): No such cases have come to the notice of the Ministry of Tribal Affairs. (b) & (c): In view of the reply to part (a) above, these questions do not arise. GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2299 ANSWERED ON 24.08.2012 SAXENA COMMITTEE REPORT ON THE FOREST RIGHTS ACT 2299 . Shri GANGASANDRA SIDDAPPA BASAVARAJ Will the Minister of TRIBAL AFFAIRS be pleased to state:-

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(a) whether the Government has examined the report of Dr. N.C. Saxena Committee on implementation of Scheduled Tribe (ST) and other Traditional Forest Dwellers (Recognition of Forest Rights Act, 2006 after the due consultation with all stake holders; (b) if so, the details thereof; (c) whether there has been slow progress with regard to distribution of title deeds under the abovesaid Act with far lesser number of title deeds distributed against a large number of claims; (d) if so, the reaction of the Government thereto; (e) whether there has been no progress at all with regard to the implementation of the said Act in some States including Bihar, Tamil Nadu and Uttarakhand; and (f) if so, the State-wise details thereof and the reasons therefor? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS(SHRI MAHADEO SINGH KHANDELA) (a) & (b): The recommendations/ suggestions of the Joint Committee of the Ministry of Environment & Forests and Ministry of Tribal Affairs constituted under the Chairmanship of Dr. N.C. Saxena to study in detail the implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 are still under examination. (c) & (d): As per the provisions of 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 Governments/ Union Territory Administrations. According to the information received from the State Governments / Union Territory Administrations, the status of implementation of the Act, as on 31st July, 2012, was as under: Number of claims filed 32,28,887 Number of claims disposed of/ 27,73,631 (85.90%) % in respect of claims received Number of titles distributed/ 12,68,766 distributed and ready for distribution 14,726 ready for distribution Number of claims rejected 15,04,865 The Ministry has been interacting with the State Governments /UT Administrations to ensure effective implementation of the Act. The Ministry has also been issuing guidelines/ clarifications in the regard. The Ministry has issued detailed guidelines on 12.7.2012 to State Governments/ UT Administrations and the process of amendments in the Forest Rights Rules, 2008 has also been initiated to ensure better and effective implementation at the ground level.

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(e) & (f): Yes, Madam. There are some States/ UTs, including Bihar, Tamil Nadu and Uttarakhand that are lagging behind in implementation of the Act for various reasons. The status of implementation of the Act in these States/ UTs is indicated in the statement at Annexure. Annexure of unstarred question no. 2299 dt. 24.08.2012 Statement referred in reply to parts (e) & (f) of the Lok Sabha Unstarred Question No.2299 for 24-8-2012 asked by Shri G.S. Basavaraj, MP regarding “Saxena Committee Report on the Forest Rights Act”. Details of the States/ UTs that are lagging behind in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the reasons therefor. (As on 31st July, 2012)

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S.No State/UT Appointment of Nodal Officer

Formation of various Committees (SDLC, DLC & SLMC)

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 distribready distrib

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

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1 Arunachal Pradesh

Yes Yes - - - - - - - - -

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2 Bihar Yes Yes - Yes Yes Yes 2930 - - - 28

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3 Goa Yes Yes - Yes Yes Yes - - - - -

4 Haryana - - - - - - - - - - -

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5 Himachal Pradesh

Yes Yes No need Yes Yes Yes 5635 2446 837 346 7

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6 Jharkhand Yes Yes Yes Yes Yes Yes 42,003 23,617 17,046 16,351 15,296

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7 Manipur - - - - - - - - - - -

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8 Meghalaya Yes Yes No - - - - - - - -

9 Mizoram No Yes Yes - No Yes - - - - -

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10 Nagaland - - - - - - - - - - -

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11 Sikkim - - - - - - - - - - -

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12 Tamil Nadu Yes Yes Yes - - - 21,781 - - 3723 3723 re

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13 Uttarakhand Yes Yes - - Yes Yes 182 170 - - -

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14 A &N Islands

Yes Yes (except SLMC)

Yes Yes Under process

Yes - - - - -

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15 Daman & Diu

Yes Yes Yes Yes - - - - - - -

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16 Dadra & Nagar Haveli

Yes Yes Yes Yes Yes - - - - - -

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17 Laksha-dweep

- - - - - - - - - - -

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----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 7000 ANSWERED ON 18.05.2012 THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS RECOGNITION OF FOREST RIGHTS ACT 7000 . Shri YASHBANT NARAYAN SINGH LAGURI MANSUKHBHAI D. VASAVA Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the joint committee of Ministry of Tribal Affairs and Ministry of Environment and Forest have discussed the issue of implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and conferring forest rights to tribal people; (b) if so, the details and the outcome thereof ; and (c) the action taken by the said committee to remove the obstacles in the implementation of said Act and the success achieved in this regard? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): Yes, Madam. A Joint Committee of the Ministry of Environment & Forests and Ministry of Tribal Affairs was constituted in April, 2010, to study in detail the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 including factors that are aiding/impeding its implementation and recommend necessary policy changes in the future management of the forestry sector in India which may be necessary as a consequence of implementation of the Act. (b) & (c): The Committee has given its specific findings and recommendations on several aspects of Forest Rights Act which include (i) Implementation of FRA: Process and institutions (ii) Implementation of FRA: Individual Forest Rights (iii) Implementation of FRA: Community Forest Rights (iv) Implementation of FRA: Implementation of Development Projects (v) Implementation for Special Groups (vi) Protected Areas and Critical Wildlife Habitats (vii) Future Structure of Forest Governance (viii) Enhancing Livelihoods through NTFPs (ix) Convergence of Development Programmes for STs and OTFDs. The committee has submitted its Report to the Government which is under examination. ----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 3793 ANSWERED ON 27.04.2012 IMPLEMENTATION OF FOREST RIGHTS ACT 3793 . Shri P. K. BIJU

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Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Union Government allocates any fund to the state Governments for the implementation of Scheduled Tribe and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006;and (b) if so, the details thereof during each of the last three years and the current year, State/UT-wise including Kerala? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): Yes, Madam. The Ministry of Tribal Affairs is providing grants to the State Governments for implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 under Article 275(1) proviso of the Constitution of India. (b): Details of the funds released to the States, including Kerala, under Article 275(1) proviso of the Constitution for implementation of the Act during each of the last three years (2009-10, 2010-11 and 2011-12) are given in the statement at Annexure. During the current year, the Ministry has not released any funds for this purpose so far. ------------------ GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2811 ANSWERED ON 30.03.2012 IMPLEMENTATION OF FOREST RIGHTS ACT 2811 . Shri BADRUDDIN AJMAL Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the rights of forest dwellers have not been protected even after the implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ; (b) if so, whether the Government has received several complaints of violation of the said Act from different parts of the country; (c) if so, the details thereof; and (d) the steps being taken/proposed to be taken by the Government to protect the rights of forest dwellers? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): No, Madam. As per the provisions of 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/Union Territories Governments. According to the information received from the State/UT Governments, till 29th February, 2012, 31,70,247 claims were filed under the Act, out of which 27,27,684 (86.04%) claims were disposed of. 12,54,668 titles were distributed and 16,052 titles were ready for distribution. (b) & (c): Complaints have been received over a period of time concerning denial of rights under the Forest Rights Act, 2006 and eviction of tribals from forest etc. These complaints have been sent to respective States/UTs for taking necessary action as the implementation of the Act lies with the States/UTs.

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(d) The Ministry of Tribal Affairs has been interacting with all the State Governments and Union Territory Administrations urging them to ensure that forest rights of the forest dwelling Scheduled Tribes and other traditional forest dwellers are recognized and vested in them as per the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 at the earliest. Meetings with the concerned officers of the State/UT Governments are also conducted to review the progress of implementation of the Act. ---------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 3805 ANSWERED ON 16.12.2011 SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 3805 . Shri RANJAN PRASAD YADAV Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government proposes to review the rules made under the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 which are violative to the provisions of the said Act with regard to certain limit on the quantum of trade of forest produce allowed to remain with tribals ; (b) if so, the details thereof and if not, the reasons therefor ; and (c) the corrective steps taken in this regard and the time by which the said rules are likely to be modified ? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 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. Section 3 of the Act specifies the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers that are to be recognized and vested under the Act. One of the forest rights specified in the said Section relates to the right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries. 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 are not violative of the provisions relating to recognition and vesting of this forest right under the Act. (b) & (c): These questions do not arise in view of the reply to part (a) above. ----------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2581 ANSWERED ON 09.12.2011 FOREST RIGHTS ACT, 2006 2581 . Shri HARISCHANDRA DEORAM CHAVAN Will the Minister of TRIBAL AFFAIRS be pleased to state:-

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(a) whether the Government is considering to bring the comprehensive projects and schemes for economic benefit of tribal population who have been given forest land under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (b) if so, the details thereof; and (c) if not, the reasons therefor? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a) & (b): No such proposal is under consideration of the Government. As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 and the Rules framed thereunder, the onus of implementation of the Act lies with the State/UT Governments. This Ministry has accordingly been emphasizing on the State/UT Governments from time to time for dovetailing all development and welfare programmes for bringing about socio-economic development and livelihood security of all the beneficiaries under the Act. (c): In view of the reply to parts (a) & (b) above, this question does not arise. ------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 1912 ANSWERED ON 02.12.2011 SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST RIGHTS) ACT, 2006 1912 . Shri MANSUKHBHAI D. VASAVA YASHBANT NARAYAN SINGH LAGURI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether shortcomings have been pointed out in the provisions of Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 regarding the natural habitat of wildlife; (b) if so, the details thereof; and (c) the action taken by the Union Government in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS(SHRI MAHADEO SINGH KHANDELA) (a) to (c): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 contains provisions relating to (i) determination and notification of “critical wildlife habitats” in the National Parks and Sanctuaries to be kept as inviolate for the purposes of wildlife conservation, (ii) modification or resettlement of the forest rights recognized under the Act in critical wildlife habitats of National Parks and Sanctuaries for the purposes of creating inviolate areas for wildlife conservation, and for (iii) protection of the wildlife, forest and bio-diversity and stopping any activity which adversely affects the wild animals, forest and the bio-diversity by the holders of any forest right, Gram Sabha and village level institutions in areas where there are holders of any forest

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right. The Joint Committee of Ministry of Environment & Forests and Ministry of Tribal Affairs have raised conceptual and definitional issues regarding Critical Wildlife Habitats which is under process in the Ministry. ------------------ GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 3982 ANSWERED ON 26.08.2011 FOREST RIGHTS ACT 3982 . Shri SURESH KUMAR SHETKAR HARIBHAU MADHAV JAWALE Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether his Ministry has issued operational guidelines to the States under the Forest Rights Act, 2006; (b) if so, the details thereof; and (c) the implementation status thereof? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): Yes, Madam. The Ministry of Tribal Affairs has notified the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 on 1st January, 2008 for implementing the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. (b): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 inter-alia lay down (i) the functions/composition of the Gram Sabha, Sub-Divisional Level Committee, District Level Committee and the State Level Monitoring Committees constituted under the Act; (ii) the procedure for filing, determination and verification of claims by the Gram Sabha; (iii) the process of verifying claims by the Forest Rights Committee set up by the Gram Sabha; (iv) the evidence to be submitted for determination of forest rights; and (v) the procedure for filing petitions to Sub-Divisional Level Committee and the District Level Committee. (c): As per the information available with the Ministry, the States have progressed in varying degrees in implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. As per the information collected from the State/ UT Governments, till 31st July, 2011, more than 31.45 lakh claims have been filed and more than 12.02 lakh titles have been distributed under the Act. More than 16 thousand titles were ready for distribution. --------------- -----------------

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GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA STARRED QUESTION NO 83 ANSWERED ON 05.08.2011 FOREST RIGHTS ACT, 2006 83 . Shri BASUDEB ACHARIA WAKCHAURE BHAUSAHEB RAJARAM Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) the State-wise status of implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as on 31 December 2010; (b) the number of claims filed, accepted and sanctioned by the Government under the said Act during each of the last three years, State-wise and UT-wise; (c) whether deficiencies and other malpractices have been noticed in the implementation of the Act; and (d) if so, the steps taken by the Government for implementation of the Act prudently and for empowering the tribal population including the landless forest dwellers in the various fields particularly agriculture? ANSWER MINISTER OF TRIBAL AFFAIRS (SHRI V.KISHORE CHANDRA DEO) (a) to (d): A statement is laid on the Table of the House. Statement referred to in reply to parts (a) to (d) of Lok Sabha Starred Question No. *83 (3rd position) for answer on 05.08.2011 tabled by Shri Basudeb Acharia and Shri Wakchaure Bhausaheb Rajaram regarding “Forest Rights Act, 2006” (a) The State-wise status of implementation of the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006, as on 31 December, 2010, is given in the Annexure-I. (b) The requisite details are given in Annexure-II. (c) As in all schemes, operational problems are sometimes being faced in the implementation of the Act but

solutions are being found by the States/UT Administrations, wherever necessary, in consultation with Ministry of Tribal Affairs.

(d) In view of the reply to part (c) above, this question does not arise. Annexure-I Annexure-I referred to in reply to part (a) of the Lok Sabha Starred Question No. *83 (3rd position) for answer on 05.08.2011 tabled by Shri Basudeb Acharia and Shri Wakchaure Bhausaheb Rajaram regarding “ Forest Rights Act, 2006”. State-wise status of implementation of the Scheduled Tribes and Other Traditional Forest Dwellers

(Recognition of Forest Rights) Act, 2006, (As on 31.12.2010)

Sl. No.

States No. of claims received No. of titles distributed

No. of claims rejected

Total No. of claims disposed off

1. Andhra Pradesh 3,29,858 (3,22,955 individual and 6,903 community)


1,52,606 3,20,188

2. Arunachal Pradesh

- - - -

3. Assam 1,14,857 (1,10,019 individual and 4,838 community)

29,885 - 29,885

4. Bihar 2,291 - 128 128

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Sl. No.




5. Chhattisgarh 4,91,374 (4,87,332 individual and 4,042 community)


2,71,468

4,86,386

6. Goa - - - - 7. Gujarat 1,92,045 (1,83,136


25,771 52,061

77,831

8. Himachal Pradesh

- - - -

9. Jharkhand 29,551 (29,097 individual and 454 community)


4,105

10,184 .

10. Karnataka 1,62,874 (1,60,101 individual and 2,773 community)


1,42,017 1,48,411

11. Kerala 37,432 (36,063 individual and 1,369 community)

14,758 2,816

17,574

12. Madhya Pradesh 4,19,226 (4,10,765 individual and 8,461 community)

1,12,148 distributed and 26,857 are ready

2,58,402 3,70,550

13. Maharashtra 3,39,689 (3,35,701 individual and 3,988 community)



3,26,562

14. Manipur - - - - 15. Meghalaya - - - - 16. Mizoram - - - - 17. Orissa 4,26,051 (4,23,903




3,42,541

18. Rajasthan 60,353 (60,019 individual and 334 community)


30,270

60,353

19. Sikkim - - - - 20. Tamil Nadu 21,781 (3,163 titles are

ready) - -

21. Tripura 1,75,492 (1,75,215 individual and 277 community)

1,17,404 56,020

1,73,424

22. Uttar Pradesh 91,406 (91,089 Individual and 317 community)


67,788

77,880

23. Uttarakhand 182 - 1 1

24. West Bengal 1,37,162 (1,29,357 individual and 7,805 community)

27,093 (27,004 individual and 89 community) and 2,764 titles are ready

79,504 1,06,597

25. A & N Islands - - - -

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Sl. No.




26. Daman & Diu - - - - 27. Dadra & Nagar

Haveli - - - -

Total 30,31,624

11,06,541 distributed and 32,874 ready

14,41,955 25,48,496

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: The State Government had informed that tribal communities and tribal chiefs are already holding ownership of forest land as their ancestral land in non-Reserved Forest Area. Therefore, implementation of the Forest Rights Act is perceived minimal in Manipur. 4. Mizoram: The State Government has informed that the Act was to be approved by the State Legislative Assembly as per the Article 371(G) of the Constitution. In the sitting on 29.10.2009 of its Fourth Session, the Sixth Legislative Assembly of Mizoram has resolved that the Forest Rights Act shall be adopted in the entire State of Mizoram with effect from 31.12.2009. The same has also been notified by the Government of Mizoram on 3.3.2010. 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 . However, a committee has been constituted to examine the applicability of the Act in Nagaland as per provision of Art. 371(A) of Constitution of India.

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. The State Government has informed that in Sikkim there are no forest dwelling STs and other Traditional Forest Dwellers in the true sense of the terms. Most of the STs of Sikkim hold revenue land in their own name and they are not solely dependent on the forests for their livelihood. 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 interests 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.

Annexure-II

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Annexure-II referred to in reply to part (b) of the Lok Sabha Starred Question No. *83 (3rd position) for answer on 05.08.2011 tabled by Shri Basudeb Acharia and Shri Wakchaure Bhausaheb Rajaram regarding “ Forest Rights Act, 2006”. Statement showing the number of claims filed and accepted for issue of title deeds under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 during each of the last three years (2008,2009 and 2010), State-wise and UT-wise. Sl. No.

State/UT

2008 2009 2010 No. of claims filed

No. of title deeds distributed

No. of claims filed


No. of claims filed


1. Andhra Pradesh 3,12,564 330 13,254 1,54,440 4,040 12,812 2. Arunachal

Pradesh - - - - - -

3. Assam - - 1,01,454 12,056 13,403 17,829 4. Bihar 495 - 293 - 1,503 - 5. Chhattisgarh 4,00,000

(approx.) 85,549 77,309 1,15,257 14,065 14,112

6. Goa - - - - - - 7. Gujarat 1,13,785 - 72,549 7,584 5,711 18,187 8. Himachal

Pradesh - - - - - -

9. Jharkhand - - 25,220 2,505 4,331 3,574 10. Karnataka - - 45,801 - 1,17,073 6,394 11. Kerala - - 36,807 108 625 14,650 12. Madhya

Pradesh 2,97,000 8059 87,466 64,426 34,760 39,663

13. Maharashtra 107,863 - 1,96,097 2,453 35,729 1,02,314 14. Manipur - - - - - - 15. Meghalaya - - - - - - 16. Mizoram - - - - - - 17. Orissa 2,26,080 - 1,03,434 97,595 96,537 1,41,972 18. Rajasthan 34,417 321 25,483 13,746 453 16,016 19. Sikkim - - - - - - 20. Tamil Nadu 1080 - 8,275 - 12,426 - 21. Tripura 74370 - 90,356 84,750 10,766 32,654 22. Uttar Pradesh - - 70,033 3,302 21,373 6,790 23. Uttarakhand - - 182 - - - 24. West Bengal 1,36,027 5 1,090 17,355 45 9,733 25. A & N Islands - - - - - - 26. Daman & Diu - - - - - - 27. Dadra & Nagar

Haveli - - - - - -

Total 17,03,681 94,264 9,55,103 5,75,577 3,72,840 4,36,700 ------------------ GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 851 ANSWERED ON 25.02.2011 FOREST RIGHTS ACT 851 . Shri SHIVAJI ADHALRAO PATIL ANANDRAO VITHOBA ADSUL

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KHAGEN DAS BABAR GAJANAN DHARMSHI RUDRAMADHAB RAY Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the National Advisory Council has suggested reforms/ changes in the Forest Rights Act; (b) if so, the details thereof alongwith the reaction of the Government thereto; (c) whether the Government has constituted any Committee on Forest Rights Act; (d) if so, whether the said Committee has submitted any report to the Government; (e) if so, the details thereof; and (f) the action taken or proposed by the Government on the report? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI MAHADEO SINGH KHANDELA) (a): No, Madam. The Ministry of Tribal Affairs has not received any recommendations from the National Advisory Council, suggesting reforms/ changes in the Forest Rights Act, 2006. (b): In view of the reply to part (a) above, this question does not arise. (c): Yes, Madam. A Joint Committee of the Ministry of Environment & Forests and Ministry of Tribal Affairs was constituted in April, 2010, to inter-alia (i) study in detail the implementation of the Forest Rights Act, 2006 (FRA) including factors that are aiding and impeding its implementation; (ii) recommend necessary policy changes in the future management of the forestry sector in India which may be necessary as a consequence of implementation of the Forest Rights Act; (iii) identify the role of various agencies (official and others) in facilitating forest dwellers in carrying out their roles regarding conservation and management of forests as envisaged in the Act; (iv) identify opportunities for and recommend measures to ensure convergence of various beneficiary oriented programmes for the forest rights holders taken up by various line departments in the States; and (v) define a new role for the Forest Department vis-a-vis the Gram Sabha for forest conservation and regeneration. (d) to (f): Yes, Madam. The Committee has since submitted its Report to the Government. The Report contains recommendations/suggestions relating to (i) Process and Institutions of the FRA, (ii) Implementation of FRA for grant of Individual and Community Forest Rights, (iii) Implementation of Development Projects, (iv) Implementation for special groups, namely, Particularly Vulnerable Tribal Groups, Nomadic Pastoralists, Shifting Cultivators, and Forest Villages, (v) Protected Areas and Critical Wildlife Habitats, (vi) Future Structure of Forest Governance, (vii) Enhancing Livelihoods through Non–Timber Forest Produce, (viii) Convergence of Development Programmes for Tribals and Forest Dwellers, etc. The recommendations/suggestions of the Committee are under examination for appropriate action. ----------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 5215 ANSWERED ON 27.08.2010 IMPLEMENTATION OF FOREST RIGHTS ACT, 2006 5215 . Shri NISHIKANT DUBEY

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Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Union Government allocates any fund for the implementation of Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; and (b) if so, the details thereof for the last three years, State-wise including Jharkhand? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a) & (b): 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. As per the Act and the Rules framed thereunder, the onus of implementation of the Act lies with the State/ UT Governments. The Ministry of Tribal Affairs provides grants to the States/UTs under Article 275(1) proviso of the Constitution of India for upgradation of administration in scheduled areas and for welfare of Scheduled Tribes. During the year 2008-09, the Ministry while communicating the State-wise allocation out of grant under Article 275(1) of the Constitution of India had asked the States to submit proposals to utilize upto 10% of the total allocation for activities involving implementation of the Act. The States, including Jharkhand, thus started utilization of grant for the implementation of the Act since 2008-09. A statement showing the release of grant to the States under Article 275(1) proviso of the Constitution during 2008-2009 and 2009-2010 towards implementation of the Act is at Annexure.

Annexure

Statement referred to in reply to parts (a) and (b) of Lok Unstarred Question No. 5215 for answer on 27.8.2010 tabled by Shri Nishikant Dubey regarding "Implementation of Forest Rights Act, 2006"

Statement showing grant released under Article 275(1) proviso of the Constitution during 2008-09 and 2009-10 for implementation of the Forest Rights Act, 2006

S.No. States Funds released (Rs. in lakh)

2008 - 09 2009-10

1 Andhra Pradesh

219.93 975.05

2 Arunachal Pradesh

30.87 -

3 Assam 119.38 -

4 Bihar - -

5 Chhattisgarh 289.64 -

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6 Goa 7.00 -

7 Gujarat 180.00 100.00

8 Himachal Pradesh

14.83 -

9 Jharkhand 301.24 673.19

10 Karnataka 151.64 50.00

11 Kerala 27.61 -

12 Madhya Pradesh

535.52 100.00

13 Maharashtra 375.47 400.00

14 Manipur 32.44 78.00

15 Meghalaya - -

16 Mizoram 35.46 -

17 Nagaland - -

18 Orissa 356.55 600.19

19 Rajasthan 200.00 -

20 Sikkim - 10.00

21 Tamil Nadu 28.12 -

22 Tripura 43.49 50.00

23 Uttar Pradesh

50.00 52.30

24 Uttarakhand 20.00 -

25 West Bengal

192.91 -

--------------------------

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GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 3365 ANSWERED ON 13.08.2010 FOREST RIGHTS ACT 3365 . Shri BASUDEB ACHARIA Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether any cases have come up before the Government about the repression by the forest department officials and the police, indiscriminate eviction and false criminal cases being foisted against the tribals; and (b) if so, the steps the Government proposes to take in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a) & (b): No specific cases of the type mentioned in part (a) 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 TRIBAL AFFAIRS LOK SABHA STARRED QUESTION NO 195 ANSWERED ON 06.08.2010 IMPLEMENTATION OF THE FOREST RIGHTS ACT, 2006 195 . Shri UMA SHANAKER SINGH KOWASE MAROTRAO SAINUJI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether any time limit for the completion of distribution of title deeds under the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has been fixed; (b) if so, the details thereof along with the achievements made in this connection till date; (c) if not, the reasons therefor; (d) whether any monitoring mechanism has been put in place as regards implementation of the Act; (e) if so, the details thereof, State-wise; and (f) if not, the reasons therefor? ANSWER MINISTER OF TRIBAL AFFAIRS ( SHRI KANTILAL BHURIA) (a) to (f): A statement is laid on the Table of the House.

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Statement referred to in reply to parts (a) to (f) of Lok Sabha Starred Question No. 195 (15th position) for answer on 06.08.2010 tabled by Shri Umashankar Singh and Shri Marotrao Sainuji Kowase regarding “Implementation of the Forest Rights Act, 2006”. (a) to (c): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 does not prescribe any time limit for receiving applications from the eligible forest dwelling Scheduled Tribes and other traditional forest dwellers for recognition and vesting of forest rights under the Act. Hence, no time limit for the completion of distribution of title deeds under the Act can be fixed. The State Governments are, however, being urged from time to time to complete the process of implementation of the Act and ensure the distribution of title deeds at the earliest. As per the information collected from the States till 30th June, 2010, more than 28.33 lakhs claims have reportedly been filed in various States / UTs and more than 9.75 lakh titles have been distributed. More than 27 thousand titles were ready for distribution. (d) to (f): The Ministry is obtaining the monthly progress reports from the States / UTs regarding the progress of implementation of the Act and is also 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). ----------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2630 ANSWERED ON 12.03.2010 IMPLEMENTATION OF FOREST RIGHTS ACT 2630 . Shri ANANDRAO VITHOBA ADSUL GANGASANDRA SIDDAPPA BASAVARAJ HANSRAJ GANGARAM AHIR Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Union Government has decided to set up a Committee packed with the forest officers to review the implementation of Forest Rights Act and its impact on forests; (b) if so, the details of the constituents alongwith its terms of reference; (c) whether tribal activists have raised ire thereon and if so, the details thereof; (d) the reaction of the Union Government thereto; and (e) the time by which the aforesaid Committee is likely to submit its report? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a), (b) & (e): The Ministry of Environment & Forests has constituted a Committee of Experts to study and assess the impacts of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 with regards to the Sustainable Management of Forest Resources, vide their Notification dated 11th February, 2010.

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A copy of the said Notification giving details of the Composition and Terms of Reference of the Committee is at Annexure. The Committee shall submit its report within three months from the date of its constitution. (c) & (d): Reports to this effect have appeared in the newspapers. The Ministry of Tribal Affairs has, however, not received any written representation or complaint against the constitution of the said Committee. ------------------------ GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA STARRED QUESTION NO 135 ANSWERED ON 27.11.2009 IMPLEMENTATION OF FOREST RIGHTS ACT, 2006 135 . Shri UMA SHANAKER SINGH Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) the present status of the implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006; (b) whether some shortcomings have been observed in the implementation of the aforesaid law in the recent past; (c) if so, the details thereof; and (d) the measures being taken to address the shortcomings? ANSWER MINISTER OF TRIBAL AFFAIRS (SHRI KANTILAL BHURIA) (a) to (d): A statement is laid on the Table of the House. Statement referred to in reply to parts (a) to (d) of Lok Sabha Starred Question No. 135 (15th position) for answer on 27.11.2009 tabled by Shri Umashankar Singh regarding “Implementation of Forest Rights Act” (a): The responsibility for implementing the 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. 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 from the States till 31.10.2009, more than 24.90 lakh claims have reportedly been filed in various States/UTs and more than 5.68 lakh titles have been distributed in the States/UTs, as on 31.10.2009. More than 43 thousand titles were ready for distribution. (b) to (d): As in all schemes, operational problems are sometimes being faced in the implementation of the Act but solutions are being found by the State Administration. GOVERNMENT OF INDIA MINISTRY OF PANCHAYATI RAJ LOK SABHA UNSTARRED QUESTION NO 4895 ANSWERED ON 07.08.2009

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IMPLEMENTATION OF SCHEDULED TRIBES AND OTHER FOREST RECOGNITION OF FOREST RIGHTS ACT 4895 . Shri ANANDRAO VITHOBA ADSUL SHIVAJI ADHALRAO PATIL Will the Minister of PANCHAYATI RAJ be pleased to state:- (a) whether the Union Government has requested the State Government to expedite implementation of the Scheduled Tribes and other Forest Dwellers (Recognition of Forest Rights) Act and Rules in February,2008; (b) if so, the response of the State Governments thereto; (c) Whether the Union Government has also requested the State Governments to initiate the process of execution by organizing meetings of gram sabhas in a time bound manner; (d) if so, the response of the State Governments thereto, State-wise; and (e) the steps taken by the Union Government to implement the aforesaid Act and Rules all over the country? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF PANCHAYATI RAJ (Dr. C. P. JOSHI) (a) to (d): The Ministry of Panchayati Raj had written to the State/UT Governments on 15-2-2008 reiterating the need for expeditious implementation of the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act and to hold meetings of Gram Sabha on 28-2-2008 during which the provisions of the Act & Rules and the roles and responsibilities of Panchayati Raj Institutions (PRIs), Gram Sabhas and Forest Right Committees were suggested to be explained.The concerned State/UT Governments have accordingly,initiated the process to implement provisions of the Act. Responses received are given in Annexure. (e): The responsibility for implementing the Act rests with the State/UT Governments. However,action taken by the Ministry of Tribal Affairs (MoTA) which is the nodal Ministry in this regard, is as under: (i) The Act and Rules were notified on 31-12-2007 and 1-1-2008 respectively. (ii) All State/UT Governments were requested on 11.1.2008 for constituting various Committees under the Act. (iii) In order to ensure speedy implementation of the Act, the MoTA had conveyed major actionable points along with timelines to the State/UT Governments on 31.1.2008 for follow up. (iv) A letter has been issued to all State/UT Governments on 15.6.2009 to take urgent steps to accelerate the process of implementation of Act. Ministry of Tribal Affairs is monitoring the implementation of the Act. ANNEXURE

Annexure referred to in part (a) to (d) of the reply of the Lok Sabha Unstarred Question No. 4895 to be answered On 7-8-2009

Responses received from States/UTs on the letter dated 1 5-2-2008 of Ministry of Panchayati Raj for convening of Gram Sabha Meetings ibr explaining the provisions, of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.

SI. No. State Response

1. Chattisgarh Gram Sabhas were convened on scheduled date 28-2-2008

2. Madnya Pradesh

Meetings have been held during the period from 26-31st January, 2008

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3. Kerala Informal discussions have taken place for convenmg the Gram Sahha meetings but the details are to be settled.

4. Tripura

State Elections are scheduled and counting will be completed on 7 March, 2008. Gram Sabha meetings and other work relating to implementation of the Act will commence thereafter

5. Andhra Pradesh Work is underway and by Is1 Match, 2008 the Gram Sabha meetings will be completed.

6. Rajasthan

Spadework is going on. Printing of publicity and training material is going on. Since the number of Panchayats is quite large and Assembly will be in session, the Gram Sabha meetings will be spread out but will be completed before end March 2008.

7. Gujarat

One official from trie Panchayati Raj Department is attached with JO Gram Panchayats. Since proper dissemination of the Act is required, PR Department of the State Government will arrange for special Gram Sabha meetings to discuss the Act. Efforts will also be made for ensuring participation of women in these Gram Sabha meetings. The Govt. of Gujarat will get back with the schedule for holding the Gram Sabha meetings.

8. Karnataka

Each Gram Panchayat has 3-4 villages attached with it and separate meetings of these Ward Sabhas will probably have to be held. Hence the Gram Sabha meetings will be spread over 3-4 days and the task is expected to be completed by 15th

March, 2008.

9. Orissa The state level training has been completed. Ten officers from the tibal districts have been trained. Each.

Panchayat Secretary has 10-12 villages attached with him/her. The process of holding the Gram Sabha meetings will start by 28th February and will be completed over the next morvth.

10. Mizoram Village Councils will be^dealing with this matter. The task will be completed by 15th March, 2008.

11. Maharashtra Each Panchayat Secretary has charge of 2-3 Panchayats. The Gram Sabha meetings will commence from 28th February, 2008 and will be completed by 10th March, 2008.

12. Himachal Pradesh

Due to heavy snowfall in the tribal areas and severe cold conditions prevailing, it will only be possible to start this work in March/April, 2008. However, in some places the meetings will be held on 28th February, 2008.

13. West Bengal Translation of the Rules under the Act is going on. The Gram Sabha meetings will start on 28th February and the process will be completed within March, 2008.

14. Assam The process will be completed between 28tfl February to 15* March, 2008. Clarification was sought about the 6th Schedule Areas. Here the Gram Sabhas, as per PESA, will be involved with the work.

15. Bihar The Assembly session is going on. Also there are a large number of Panchayats and limited staff for convening the Gram Sabha meetings. However, the work will be completed in March, 2008.

16. Tamilnadu State level Committees have been formed. Meetings are being held as per schedule. The Gram Sabhas will meet starting from 28th February and the process would be completed by 10th March, 2008.

17. Haryana

There are no Scheduled Tribes and Traditional Forest Dwellers living in the forests of Haryana. Therefore, the question of the Forest Rights of such communities of Forest land does not arise. The constitution of various Committees from State level Monitoring Committee to District level and below District level Committees are not

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required in Haryana.

18. Lakshadweep

The UT of Lakshadweep is a group of coral Islands. The peculiar geographical condition of the islands donot have any area as forest and there are no forest dwellers. As such, there is no relevance for the Scheduled Tribes and Other Forest Dwellers (Recognition of Forest Rights) Act and Rules as far as this UT is concerned.

---------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 3866 ANSWERED ON 31.07.2009 FOREST RIGHTS ACT 3866 . Shri BABAR GAJANAN DHARMSHI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government has received any representation from wildlife Non-Governmental Organisations (NGOs) and conservationists against the implementation of the Forest Rights Act; (b) if so, the details thereof; (c) whether the Government has set up any Committee to review the said Act; (d) if so, the details thereof; and (e) if not, the reasons therefor? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a) & (b): 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. After operationalisation of the Act, the Ministry of Tribal has not received any representation from wildlife Non-Governmental Organisations (NGOs) and conservationists against the implementation of the Act. (c): No, Sir. (d) & (e): Do not arise. -------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 2981 ANSWERED ON 24.07.2009 SCHEDULED TRIBES AND OTHER FOREST DWELLERS RECOGNITION OF FOREST RIGHTS ACT 2981 . Shri ANANDRAO VITHOBA ADSUL MANSUKHBHAI D. VASAVA SHIVAJI ADHALRAO PATIL ARJUN MUNDA

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YASHBANT NARAYAN SINGH LAGURI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) the strength of tribal population which reside in forest areas in the country, State-wise; (b) whether the Union Government has accorded high priority to the implementation of the Scheduled Tribes and other Forest Dwellers (Recognition of Forest Rights) Act; (c) if so, whether the Union Government has also urged the State Governments to draw up an action plan besides setting up of an effective monitoring mechanism for continuous review of the implementation of the legislation; (d) if so, the response of the States Governments thereon; and (e) the steps taken by the Union Government in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (DR. TUSHAR A. CHAUDHARY) (a): Demographic details in respect of people residing in forest areas in the country are maintained by the respective State/ Union Territory Governments. (b) to (e): Yes, Sir. The Ministry of Tribal Affairs has been interacting with all the State Governments and Union Territory Administrations urging them to take all necessary steps for expeditious implementation of the Scheduled Tribes and Other Traditional Forest Dwellers(Recognition of Forest Rights) Act 2006. Review meetings with the concerned officers of the State Governments and Union Territory Administrations are being held and the officers of the Ministry are also visiting the States to assess and guide the pace of implementation. The Ministry has recently advised and is pursuing all the State/ UT Governments to ensure completion of the work relating to vesting of forest rights during the current year. As on 30.06.2009, more than 21.49 lakh claims under the Act have been received and 2.70 lakh (approx.) titles have been distributed and another 1.35 lakh (approx.) titles are ready for distribution in various States. ------------ GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 443 ANSWERED ON 20.02.2009 IMPLEMENTATION OF FOREST RIGHTS ACT 443 . Shri MADHUSUDAN DEVRAM MISTRY UDAY SINGH Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether certain States have provided forest land to the tribals according to the Forest Rights Act, 2006; (b) if so, the details thereof; (c) whether, the Government has evolved any monitoring mechanism for review of implementation and progress of the said Act; (d) if so, the details thereof; and

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(e) if not, the reasons therefore? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS(DR. RAMESHWAR ORAON) (a) & (b): As per the information available with the Ministry of Tribal Affairs, as on 31.01.2009, the following States have distributed title deeds as per the Forest Rights Act, 2006: State Total number of title deeds distributed Andhra Pradesh 330 Chhattisgarh 85,549 Madhya Pradesh 8,059 Rajasthan 321 West Bengal 21 Total: 94,280 (c) & (d): Yes, Sir. The Ministry of Tribal Affairs is monitoring the implementation of the Act in the States by obtaining monthly progress reports from the States/UTs. Review meetings with the concerned officers of the State Governments and Union Territory Administrations are being held and the officers of the Ministry are also visiting the States to review the implementation. (e): Does not arise. ----------------------- GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT AND FORESTS LOK SABHA UNSTARRED QUESTION NO 2927 ANSWERED ON 19.03.2008 FOREST RIGHTS ACT 2927 . Shri ANANDRAO VITHOBA ADSUL

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Will the Minister of ENVIRONMENT AND FORESTS be pleased to state:- (a) whether the Wildlife NGOs and the conservationsists have written to the Government against the implementation of the Forest Rights Act without a fresh review as reported in the Times of India dated March 06, 2008; (b) if so, the detials thereof and the reaction of the Government thereto; (c) whether the Government has set up a Committee to review the Act; and (d) if so, the details thereof alongwith action taken by the Government in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF ENVIRONMENT AND FORESTS(SHRI S. REGUPATHY) (a) & (b) The concern has been expressed in the 4th meeting of National Board for Wildlife regarding loss of habitats due to the adverse impact of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 on wildlife conservation. (c ) No,Sir. (d) Does not arise. --------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA STARRED QUESTION NO 239 ANSWERED ON 14.03.2008 FOREST RIGHTS ACT 2006 239 . Shri MANSUKHBHAI D. VASAVA M. JAGANNATH Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Rules under Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 has not come into force as yet; and (b) if so, the details thereof including the land rights of tribals and forest dwellers? ANSWER (a) & (b): A statement is laid on the Table of the House. Statement referred to in reply to parts (a) & (b) of Lok Sabha Starred Question No. 239 for answer on 14.03.2008 tabled by Shri Mansukhbhai D. Vasava and Dr. M. Jagannath regarding “Forest Rights Act, 2006” (a) & (b): The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 for carrying out the provisions of the Act have been notified on 01.01.2008. Copies of the Act and the Rules are available on the website (www.tribal.gov.in) of the Ministry of Tribal Affairs. The forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers are indicated in Chapter II of the Act

forest rights act related information discussed in …wwfenvis.nic.in/files/lok sabha - forest right...

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