Lok Sabha Question No. 33 (STARRED), answered on 2017-12-18
Subject: Claims on Forest Land Titles
Ministry: TRIBAL AFFAIRS
Asked by: RABINDRA KUMAR JENA, VIJAY KUMAR HANSDAK

## GOVERNMENT OF INDIA (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA STARRED QUESTION NO. *33

TO BE ANSWERED ON 18.12.2017

## CLAIMS ON FOREST LAND TITLES

## *33. SHRI RABINDRA KUMAR JENA: SHRI VIJAY KUMAR HANSDAK:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) the details of the community claims for land titles filed under the Forest Rights Act, 2006 and the  number  of  titles  granted  till  date,  State-wise  along  with  the  annual  rate  of  rejection  of community claims on forest land titles during the last three years;
- (b) whether the Ministry regularly conducts any awareness programmes or drives to make tribals aware of their customary rights over forest land and if so, the details thereof;
- (c) whether land notified as Community Forest Resources and/or issued titles of Individual Forest Rights for tribals can be used for the purpose of Compensatory Afforestation and if so, the details thereof;
- (d) whether the Government has taken cognisance of the fact that tribal land is increasingly being notified as non-forest land for the purpose of Compulsory Afforestation in the country, especially in districts like Keonjhar in Odisha and if so, the details thereof; and
- (e) whether the said Act has not been implemented effectively by some of the States and if so, the reaction of the Government thereto along with the steps taken by the Government in this regard and the achievements made as a result thereof?

ANSWER

MINISTER OF TRIBAL AFFAIRS (SHRI JUAL ORAM)

- (a) to (e) A statement is laid on the Table of the House.

## Statement referred to in reply to parts (a) to (e) of Lok Sabha Starred Question No.*33 for answer  on  18.12.2017  tabled  by  SHRI  RABINDRA  KUMAR  JENA  and  SHRI  VIJAY KUMAR HANSDAK regarding 'Claims on Forest Land Titles'.

(a) As per the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) 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 31.08.2017 the State-wise details of number of claims filed (individual and community), titles granted, number of claims rejected, total number of claims disposed off and percentage of claims disposed  off  with  respect  to  claims  received  under  FRA  is  at Annexure-1 .  The  State-wise information on total claims received and annual rate of rejection during the last three years is at Annexure-2 .

(b) For  effective  implementation  of  FRA,  various  steps  have  been  taken  which  inter-alia includes Translation of Act, Rules and guidelines into local languages through the Tribal Research Institutes (TRIs), conducting awareness camps, Regional Consultations/Workshops, appointment of nodal officer, constitution of Forest Rights Committees and Training of Officials of the State Governments who are responsible for implementing the Act at the ground level etc.

(c) As per provision of Section 4 (7) of the FRA, the forest rights shall be conferred free of all encumbrances and procedural requirements, including clearance under the Forest (Conservation) Act,  1980,  requirement  of  paying  the  'net  present  value'  and  'compensatory  afforestation'  for diversion of forest land, except those specified in this Act.

Further, Section 5 (c) empowers the forest right holders, Gram Sabha and village level institutions in  areas  where there are holders of any forest  right to ensure that the habitat of forest dwelling Scheduled  Tribes  and  other  traditional  forest  dwellers  is  preserved  from  any  form  of  destructive practices affecting their cultural and natural heritage;

Thus, the forest land on which titles are recognized under FRA cannot be used for the purpose of Compensatory Afforestation.

- (d) No such instance has come to the notice of this Ministry.

(e) The responsibility for implementing the provisions of the Forest Rights Act lies with the State Governments. 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 the process of examining the law. Manipur, Meghalaya and Arunachal Pradesh have informed during various meetings that the Act is not so relevant in the context of their States because of the prevalent customary community ownership of forest land. Sikkim Government has informed 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.

## Annexure-1

Statement in reply to part (a) of Lok Sabha Starred Question No. *33 for 18.12.2017 tabled by SHRI RABINDRA KUMAR JENA and SHRI. VIJAY KUMAR HANSDAK regarding 'Claims on Forest Land Titles'

| S. No .   | States           | No. of Claims received upto 31.08.2017   | No. of Claims received upto 31.08.2017   | No. of Claims received upto 31.08.2017   | No. of Titles Distributed upto 31.08.2017   | No. of Titles Distributed upto 31.08.2017   | No. of Titles Distributed upto 31.08.2017   | No. of Claims Rejected   | Total No. of Claims Disposed off   | %Claims disposed off with respect to claims received   |
|-----------|------------------|------------------------------------------|------------------------------------------|------------------------------------------|---------------------------------------------|---------------------------------------------|---------------------------------------------|--------------------------|------------------------------------|--------------------------------------------------------|
| S. No .   | States           | Individua l                              | Communit y                               | Total                                    | Individua l                                 | Communit y                                  | Total                                       | No. of Claims Rejected   | Total No. of Claims Disposed off   | %Claims disposed off with respect to claims received   |
| 1         | Andhra Pradesh   | 1,69,153                                 | 4,726                                    | 1,73,879                                 | 87,861                                      | 1,428                                       | 89,289                                      | 55,397                   | 1,44,686                           | 83.21%                                                 |
| 2         | Assam            | 1,48,965                                 | 6,046                                    | 1,55,011                                 | 57,325                                      | 1,477                                       | 58,802                                      | 0                        | 58,802                             | 37.93%                                                 |
| 3         | Bihar            | 8,022                                    | 0                                        | 8,022                                    | 121                                         | 0                                           | 121                                         | 4,215                    | 4,336                              | 54.05%                                                 |
| 4         | Chhattisgarh     | 8,43,539                                 | 25,977                                   | 8,69,516                                 | 3,73,718                                    | 12,714                                      | 3,86,432                                    | 4,74,113                 | 8,60,545                           | 98.97%                                                 |
| 5         | Goa              | 9,372                                    | 361                                      | 9,733                                    | 0                                           | 3                                           | 3                                           | 23                       | 26                                 | 0.27%                                                  |
| 6         | Gujarat          | 1,82,869                                 | 7,187                                    | 1,90,056                                 | 81,178                                      | 3,516                                       | 84,694                                      | 0                        | 84,694                             | 44.56%                                                 |
| 7         | Himachal Pradesh | 591                                      | 68                                       | 659                                      | 53                                          | 7                                           | 60                                          | 0                        | 60                                 | 9.10%                                                  |
| 8         | Jharkhand        | 99,224                                   | 3,286                                    | 1,02,510                                 | 54,458                                      | 1,723                                       | 56,181                                      | 27,652                   | 83,833                             | 81.78%                                                 |
| 9         | Karnataka        | 2,98,795                                 | 5,741                                    | 3,04,536                                 | 12,421                                      | 628                                         | 13,049                                      | 1,71,592                 | 1,84,641                           | 60.63%                                                 |
| 10        | Kerala           | 36,140                                   | 1,395                                    | 37,535                                   | 24,599                                      | NA                                          | 24,599                                      | 7,889                    | 32,488                             | 86.55%                                                 |
| 11        | Madhya Pradesh   | 5,75,639                                 | 39,828                                   | 6,15,467                                 | 2,17,245                                    | 27,510                                      | 2,44,755                                    | 3,64,166                 | 6,08,921                           | 98.94%                                                 |
| 12        | Maharashtra      | 3,52,950                                 | 11,408                                   | 3,64,358                                 | 1,06,898                                    | 5,748                                       | 1,12,646                                    | 2,31,856                 | 3,44,502                           | 94.55%                                                 |
| 13        | Odisha           | 6,14,863                                 | 13,483                                   | 6,28,346                                 | 4,06,919                                    | 5,952                                       | 4,12,871                                    | 1,49,962                 | 5,62,833                           | 89.57%                                                 |
| 14        | Rajasthan        | 73,122                                   | 705                                      | 73,827                                   | 36,877                                      | 88                                          | 36,965                                      | 34,231                   | 71,196                             | 96.44%                                                 |
| 15        | Tamil Nadu       | 18,420                                   | 3,361                                    | 21,781                                   | 0                                           | 0                                           | 0                                           | 0                        | 0                                  | 0.00%                                                  |
| 16        | Telangana        | 1,83,107                                 | 3,427                                    | 1,86,534                                 | 93,494                                      | 721                                         | 94,215                                      | 82,572                   | 1,76,787                           | 94.77%                                                 |
| 17        | Tripura          | 1,98,238                                 | 277                                      | 1,98,515                                 | 1,25,020                                    | 55                                          | 1,25,075                                    | 65,779                   | 1,90,854                           | 96.14%                                                 |
| 18        | Uttar Pradesh    | 92,520                                   | 1,124                                    | 93,644                                   | 17,712                                      | 843                                         | 18,555                                      | 74,945                   | 93,500                             | 99.85%                                                 |
| 19        | Uttarakhand      | 182                                      | 0                                        | 182                                      | 0                                           | 0                                           | 0                                           | 1                        | 1                                  | 0.55%                                                  |
| 20        | West Bengal      | 1,31,962                                 | 10,119                                   | 1,42,081                                 | 44,444                                      | 686                                         | 45,130                                      | 96,587                   | 1,41,717                           | 99.74%                                                 |
| TOTAL     | TOTAL            | 40,37,673                                | 1,38,519                                 | 41,76,192                                | 17,40,343                                   | 63,099                                      | 18,03,442                                   | 18,40,980                | 36,44,422                          | 87.27%                                                 |

## Annexure -2

## Statement in reply to part (a) of Lok Sabha Starred Question No. *33 for 18.12.2017 tabled by SHRI RABINDRA KUMAR JENA and SHRI. VIJAY KUMAR HANSDAK regarding 'Claims on Forest Land Titles'

Annual rate of rejection of claims on Forest Land titles during last three years (information on 31st December of the year)

| S.No.   | States           | 2014                         | 2014                         | 2014                      | 2015                         | 2015                         | 2015                      | 2016                         | 2016                         | 2016                      |
|---------|------------------|------------------------------|------------------------------|---------------------------|------------------------------|------------------------------|---------------------------|------------------------------|------------------------------|---------------------------|
|         |                  | Total no. of claims received | Total no. of claims rejected | %of total claims rejected | Total no. of cliams received | Total no. of claims rejected | %of total claims rejected | Total no. of claims received | Total no. of claims rejected | %of total claims rejected |
| 1       | Andhra Pradesh   | 411012                       | 165466                       | 40.26                     | 411012                       | 165466                       | 40.26                     | 1,73,570                     | 62,208                       | 35.84                     |
| 2       | Assam            | 131911                       | 37669                        | 28.56                     | 131911                       | 37669                        | 28.56                     | 1,55,011                     | 0                            | 0.00                      |
| 3       | Bihar            | 2930                         | 1644                         | 56.11                     | 8022                         | 4102                         | 51.13                     | 8,022                        | 4,215                        | 52.54                     |
| 4       | Chhattisgarh     | 817809                       | 460023                       | 56.25                     | 860364                       | 507907                       | 59.03                     | 8,60,364                     | 5,07,907                     | 59.03                     |
| 5       | Goa              | 0                            | 0                            | 0.00                      | 0                            | 0                            | 0.00                      | 9,733                        | 23                           | 0.24                      |
| 6       | Gujarat          | 190051                       | 3556                         | 1.87                      | 190097                       | 3556                         | 1.87                      | 1,89,867                     | 0                            | 0.00                      |
| 7       | Himachal Pradesh | 5692                         | 2160                         | 37.95                     | 5692                         | 2162                         | 37.98                     | 659                          | 0                            | 0.00                      |
| 8       | Jharkhand        | 42003                        | 16958                        | 40.37                     | 83553                        | 25446                        | 30.45                     | 1,07,028                     | 25,791                       | 24.10                     |
| 9       | Karnataka        | 260679                       | 173539                       | 66.57                     | 372248                       | 188943                       | 50.76                     | 3,04,536                     | 1,71,592                     | 56.35                     |
| 10      | Kerala           | 37535                        | 7889                         | 21.02                     | 37535                        | 7889                         | 21.02                     | 37,535                       | 7,889                        | 21.02                     |
| 11      | Madhya Pradesh   | 592221                       | 296261                       | 50.03                     | 609501                       | 372125                       | 61.05                     | 6,14,704                     | 3,64,624                     | 59.32                     |
| 12      | Maharashtra      | 349543                       | 273345                       | 78.20                     | 353169                       | 229794                       | 65.07                     | 3,64,358                     | 2,31,856                     | 63.63                     |
| 13      | Odisha           | 609334                       | 145526                       | 23.88                     | 616137                       | 149575                       | 24.28                     | 6,35,055                     | 1,50,133                     | 23.64                     |
| 14      | Rajasthan        | 69775                        | 33515                        | 48.03                     | 69775                        | 33926                        | 48.62                     | 71,270                       | 35,139                       | 49.30                     |
| 15      | Tamil Nadu       | 21781                        | 0                            | 0.00                      | 21781                        | 0                            | 0.00                      | 21,781                       | 0                            | 0.00                      |
| 16      | Telangana        | 0                            | 0                            | 0.00                      | 215370                       | 101368                       | 47.07                     | 1,86,534                     | 80,890                       | 43.36                     |
| 17      | Tripura          | 182617                       | 21384                        | 11.71                     | 191653                       | 65900                        | 34.39                     | 1,94,028                     | 65,902                       | 33.97                     |
| 18      | Uttar Pradesh    | 93635                        | 74583                        | 79.65                     | 93644                        | 74945                        | 80.03                     | 93,644                       | 74,945                       | 80.03                     |
| 19      | Uttarakhand      | 182                          | 1                            | 0.55                      | 182                          | 1                            | 0.55                      | 182                          | 1                            | 0.55                      |
| 20      | West Bengal      | 140309                       | *                            | *                         | 142081                       | 93762                        | 65.99                     | 1,42,081                     | 97,415                       | 68.56                     |
|         | Total            | 3959019                      | 1713519                      | 43.28                     | 4413727                      | 2064536                      | 46.78                     | 41,69,962                    | 18,80,530                    | 45.10                     |

Note:

Disaggregated data on number of claims rejected (individual and community claims) is not provided by the State Governments.