Lok Sabha Question No. 689 (UNSTARRED), answered on 2017-02-06
Subject: Forest Right Titles
Ministry: TRIBAL AFFAIRS
Asked by: JUGAL KISHORE SHARMA

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. †689

TO BE ANSWERED ON 06.02.2017

## FOREST RIGHT TITLES

## † 689. SHRI JUGAL KISHORE:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a)  whether  the  benefits  available  under  the  Scheduled  Tribes  and  other  Traditional  Forest Dwellers (Recognition of Forest  Rights)  Act,  2006  have  been  provided  to  the  forest  dwelling communities in the country and if so, the details thereof;
- (h) the number of claims for distribution of titles/patta received under the Act and the number of titles/patta  out  of  them  distributed,  rejected  and  pending  indicating  the total  number of  claims disposed off in percentage terms, State/UT-wise;
- (c)  whether the collective claims have also been considered under the said Act, and if so, the number of collective claims received during each of' the last three years; State/UT-wise;
- (d) whether the provisions of the said Act have not been implemented in all the States across the country; and
- (e)  if  so,  the  details  and  the  implementation  status  thereof,  State/UTwise  along  with  steps taken/being taken by the Government for its better effective and expeditious implementation in all the States in the country?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI JASWANTSINH BHABHOR)

- (a) Yes  Madam.  As  per  the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers (Recognition of Forest Right) Act, 2006 (In short FRA) and rules thereunder, responsibility for implementation of the Act lies with the States/UTs. As per the information received from State Governments,  till  30 th November,  2016,  a  total  of  17,30,729  titles  (16,82,537  individual  and 48,192 community claims) have been distributed.
- (b) The information is at Annexure-1

.

- (c) The Community Forest Rights claims are also considered under FRA. Section 3 (I)  of FRA,  2006  inter-alia,  provides  for  the  following  forest  right,  which  secure  individual  or community  tenure  or  both,  of  forest  dwelling  Scheduled  Tribes  and  Other  Traditional  Forest Dwellers on all forest lands namely:-
- (i) rights to hold and live in the forest land under the individual or common occupation for habitation  or  for  self-cultivation  for  livelihood  by  a  member  or  members  of  a  forest  dwelling Scheduled Tribes or other traditional forest dwellers;
- (ii) community  rights  such  as  nistar,  by  whatsoever  name  called,  including  those  used  in erstwhile Princely States, Zamindari or such intermediary regimes;

(iii) right of ownership, access to collect, use, and dispose of minor forest produce which has been traditionally collected within or outside village boundaries;

(iv) other community rights of uses or entitlements such as fish and other products of water bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or pastoralist communities;

The information of number of community forest rights claims received during the last three years is at Annexure-II

(d)  As  already  stated  in  the  reply  to  part  (a)  above,  the  responsibility  for  implementing  the provisions of the Forest Rights Act lies with the State Governments. In fact, different states are at different  stages  of  implementation  of  the  Act.  As  far  as  North-East  States  are  concerned, Mizoram  has  notified  its  adoption  in  the  entire  State  in  2010.  Nagaland  is  in  process  of examining  the  law.  Manipur,  Meghalaya  and  Arunachal  Pradesh  feel  that  the  FRA  is  not  so relevant  because  of  the  prevalent  customary  community  ownership  of  forest  land.  In  Sikkim there are no forest dwelling STs and Other Forest Dwellers in the true sense of the term and most of STs of Sikkim hold revenue land in their own name and they are not solely dependent on the forests for their livelihood.

(e) Details of implementation status of FRA are at Annexure-1, as already mentioned in reply to part (b) above. The information regarding steps taken for effective implementations of FRA is at Annexure-III .

## Annexure-I

Annexure referred to in reply to part (b) of Lok Sabha Starred Question No. 689 for 06.02.2017 regarding Forest Right Titles asked by Sh. Jugal Kishore, M.P.

## State-wise Status of Implementation of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 as on 30.11.2016

| S. No.   | States           | No. of Claims received upto 30.11.2016   | No. of Claims received upto 30.11.2016   | No. of Claims received upto 30.11.2016   | No. of Titles Distributed upto 30.11.2016   | No. of Titles Distributed upto 30.11.2016   | No. of Titles Distributed upto 30.11.2016   | No. of Claims Rejected   | No. of Claims Pending   | %Claims disposed off with respect to claims received   |
|----------|------------------|------------------------------------------|------------------------------------------|------------------------------------------|---------------------------------------------|---------------------------------------------|---------------------------------------------|--------------------------|-------------------------|--------------------------------------------------------|
| S. No.   | States           | Individual                               | Community                                | Total                                    | Individual                                  | Community                                   | Total                                       | No. of Claims Rejected   | No. of Claims Pending   | %Claims disposed off with respect to claims received   |
| 1        | Andhra Pradesh   | 1,50,345                                 | 4,493                                    | 1,54,838                                 | 83,874                                      | 1,319                                       | 85,193                                      | 55,282                   | 14,363                  | 90.72%                                                 |
| 2        | Assam            | 1,48,965                                 | 6,046                                    | 1,55,011                                 | 57,325                                      | 1,477                                       | 58,802                                      | 37,669                   | 58,540                  | 62.23%                                                 |
| 3        | Bihar            | 8,022                                    |                                          | 8,022                                    | 222                                         |                                             | 222                                         | 4,102                    | 3,698                   | 53.90%                                                 |
| 4        | Chhattisgarh     | 8,60,364                                 |                                          | 8,60,364                                 | 3,47,789                                    |                                             | 3,47,789                                    | 5,07,907                 | 4,668                   | 99.46%                                                 |
| 5        | Goa              | 9,372                                    | 361                                      | 9,733                                    | 0                                           | 3                                           | 3                                           | 23                       | 9,707                   | 0.27%                                                  |
| 6        | Gujarat          | 1,82,869                                 | 7,229                                    | 1,90,098                                 | 73,163                                      | 3,875                                       | 77,038                                      | 0                        | 1,13,060                | 40.53%                                                 |
| 7        | Himachal Pradesh | 5,409                                    | 283                                      | 5,692                                    | 238                                         | 108                                         | 346                                         | 2,162                    | 3,184                   | 44.06%                                                 |
| 8        | Jharkhand        | 1,03,625                                 | 3,403                                    | 1,07,028                                 | 52,573                                      | 1,850                                       | 54,423                                      | 25,791                   | 26,814                  | 74.95%                                                 |
| 9        | Karnataka        | 3,66,040                                 | 6,208                                    | 3,72,248                                 | 8,159                                       | 144                                         | 8,303                                       | 1,88,943                 | 1,75,002                | 52.99%                                                 |
| 10       | Kerala           | 36,140                                   | 1,395                                    | 37,535                                   | 24,599                                      |                                             | 24,599                                      | 7,889                    | 5,047                   | 86.55%                                                 |
| 11       | Madhya Pradesh   | 5,74,795                                 | 42,156                                   | 6,16,951                                 | 2,06,960                                    | 27,252                                      | 2,34,212                                    | 3,74,718                 | 8,021                   | 98.70%                                                 |
| 12       | Maharashtra      | 3,46,653                                 | 8,953                                    | 3,55,606                                 | 1,06,063                                    | 4,187                                       | 1,10,250                                    | 2,30,732                 | 14,624                  | 95.89%                                                 |
| 13       | Odisha           | 6,18,384                                 | 13,433                                   | 6,31,817                                 | 3,99,996                                    | 5,513                                       | 4,05,509                                    | 1,50,133                 | 76,175                  | 87.94%                                                 |
| 14       | Rajasthan        | 70,582                                   | 685                                      | 71,267                                   | 36,038                                      |                                             | 36,038                                      | 35,139                   | 90                      | 99.87%                                                 |
| 15       | Tamil Nadu       | 18,420                                   | 3,361                                    | 21,781                                   | 0                                           | 0                                           | 0                                           | 0                        | 21,781                  | 0.00%                                                  |
| 16       | Telangana        | 2,11,973                                 | 3,769                                    | 2,15,742                                 | 99,486                                      | 761                                         | 1,00,247                                    | 99,377                   | 16,118                  | 92.53%                                                 |
| 17       | Tripura          | 1,93,751                                 | 277                                      | 1,94,028                                 | 1,24,541                                    | 55                                          | 1,24,596                                    | 65,902                   | 3,530                   | 98.18%                                                 |
| 18       | Uttar Pradesh    | 92,520                                   | 1,124                                    | 93,644                                   | 17,712                                      | 843                                         | 18,555                                      | 74,945                   | 144                     | 99.85%                                                 |
| 9        | Uttarakhand      | 182                                      |                                          | 182                                      |                                             |                                             | 0                                           | 1                        | 181                     | 0.55%                                                  |
| 20       | West Bengal      | 1,31,962                                 | 10,119                                   | 1,42,081                                 | 43,799                                      | 805                                         | 44,604                                      | 97,415                   | 62                      | 99.96%                                                 |
| TOTAL    | TOTAL            | 41,30,373                                | 1,13,295                                 | 42,43,668                                | 16,82,537                                   | 48,192                                      | 17,30,729                                   | 19,58,130                | 5,54,809                | 86.93%                                                 |

Annexure referred to in reply to part (c) of the Lok Sabha Unstarred Question No. 689 for 06.02.2017 asked by Shri Jugal Kishor, M.P.  regarding "Forest Right Titles'

State-wise details of Community Forest Right Claims received during last three years

## # The bifurcated data regarding Individual and Community Claims/Titles has not been

|                  | Claims Received   | Claims Received   | Claims Received   |
|------------------|-------------------|-------------------|-------------------|
| State Name       | Upto 2014         | Upto 2015         | Upto Nov, 2016    |
| Andhra Pradesh*  | 10,959            | 10,959            | 4,493             |
| Assam            | 5,193             | 5,193             | 6,046             |
| Bihar            | #                 | #                 | #                 |
| Chhattisgarh     | #                 | #                 | #                 |
| Gujarat          | 7,182             | 7,228             | 361               |
| Himachal Pradesh | 283               | 283               | 7,229             |
| Jharkhand        | #                 | 2,734             | 283               |
| Karnataka        | 4,575             | 6,208             | 3,403             |
| Kerala           | 1,395             | 1,395             | 6,208             |
| Madhya Pradesh   | 40,352            | 40,913            | 1,395             |
| Maharashtra      | 6,074             | 7,152             | 42,156            |
| Odisha           | 12,480            | 12,866            | 8,953             |
| Rajasthan        | 652               | 654               | 13,433            |
| Tamil Nadu       | 3,361             | 3,361             | 685               |
| Telangana*       | 0                 | 3,672             | 3,361             |
| Tripura          | 277               | 277               | 3,769             |
| Uttar Pradesh    | 1,123             | 1,124             | 277               |
| Uttarakhand      | #                 | #                 | 1,124             |
| West Bengal      | 3,241             | 10,119            | 10,119            |
| TOTAL            | 97,147            | 1,14,138          | 1,13,295          |

received from the State/UT Governments.

*Andhra Pradesh has been sending the figures for both Andhra Pradesh and Telangana combined till June, 2016, which they have corrected now.

## Annexure referred to in reply to part (e) of  Lok Sabha Unstarred Question No. 689 for 06.02.2017 asked by Sh. Jugal Kishore, M.P regarding 'Forest Right Titles'

After  lapse  of  more  than  four  years  of  implementation  of  the  Act  the  Ministry  had observed  that  the  flow  of  intended  benefits  of  this  welfare  legislation  to  the  eligible  forest dwellers had remained constrained and that several problems were impeding the implementation of the Act in letter and spirit. In order to overcome those lacunae and strengthen the existing FR Rules, 2008, the Ministry notified the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 in the Gazette of India on 6.9.2012.

The  Ministry  has  issued  comprehensive  guidelines  to  the  State/UT  Governments  on 12.7.2012  for  better  implementation  of  the  Act.  The  guidelines  relate  to  the  process  of recognition of rights, minor forest produce, community rights, community forest resource rights, protection  against  eviction,  diversion  of  forest  lands  and  forced  relocation,  and  awareness raising, monitoring and grievance redressal.

After issue of said amendments and said guidelines, a number of Regional Consultations/Workshops were organized Nation-wide on Implementation of FRA.

A training module was also published, which is useful for Government functionaries on FRA, for frontline staff in the implementation of the Act.

Further,  a    booklet  of  Frequently  Asked  Questions  (FAQ)  has  also  been  brought  out, which seeks to addresses some of the questions raised during the Regional Consultations related to  the  process  of  recognition  of  rights,  evidence  requirements,  ownership  over  minor  forest produce,  rights  over  community  forest  resource,  protection  against  eviction,  definition  of OTFDs, convening  of  Gram  Sabha  at  hamlet/habitation  level,  recognition  of  habitat  rights  of PTGs etc.

Translation of Act, Rules and clarifications into local language through TRIs.

Guidelines on conservation of forest villages into revenue villages issued on  8.11.2013 .

A letter dated 3.3.2014 was issued to all the States where the States were asked to issue the Records of Rights under FRA along with the name of caste/tribe so that in future people do not have difficulty in obtaining caste certificate and Rights holders under FRA have to be issued Records of Rights under Revenue code/law so as to mainstream them and treat them at par with other land holders.

States where there were high rates of rejection of claims, Ministry of Tribal Affairs have written several letters expressing concern over non acceptance of evidence and State Government's insistence of particular type of evidence such as satellite imagery etc. States have now started reviewing the rejected claims and  many of the wrongly rejected claims are being examined.

Directions to State Governments to expedite recognition of Community Rights have been issued.

Close Monitoring through Monthly Progress Reports, visits and Video Conferencing are done.

In order to take up FRA on a campaign mode, the Ministry of Tribal Affairs has taken following steps:

-  Ministry  of  Tribal  Affairs  has  written  to  the  Chief  Secretaries  of  the  State Governments where the FRA implementation progress is low. Ministry has also drawn up a suggestive road map and shared it with the States so that they can draw up action plan in a time bound manner.
-  Ministry  has  also  written  to  the  other  States  where  implementation  is  going  on well to address certain specific issues pending in those States.
-  Joint  review  meetings  with  Ministry  of  Home  Affairs  and  Ministry  of  Tribal Affairs were undertaken with Principal Secretaries/Secretaries of States of the 35 worst affected LWE district on FRA implementation. The issue of high rate of rejection was reviewed with them and the States were directed to review the wrongly rejected claims.
-  A consultation was organized under the chairmanship of Secretary Tribal Affairs where the nine low performing states participated to take up FRA on a campaign mode and implement the Act in a time bound manner.
-  A video conference was organized with other States where some steps have been taken on implementation to expedite the pending work.
-  All  the  State  have  been  advised  to  take  support  of  geo  referenced  images  and technology to support other evidences for claims and also for re-examination of reject claims.
-  The  Ministry  is  constantly  monitoring  the  progress  of  implementation  by  the States  and  is  persistently  writing  to  the  State  Governments  giving  clarifications  and suggestions for better implementation of the Act.
-  National Resource Centre at TRI Campus, Odisha has been set up by the Ministry of Tribal Affairs to augment capacity of States for effective implementation of Forest Right  Act.  National  Resource  Centre  has  been  entrusted  with  the  job  of  preparing training materials, modules and conduct training programmes to train master trainers on FRA not only for Odisha but also for other States who are implementing FRA.
-  Sufficient  guidance  has  already  been  given  to  the  States  from  time  to  time  on various  issues  on  FRA  by  holding  as  many  Regional  Consultations  including  two National Level Consultations.

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