Lok Sabha Question No. 3577 (UNSTARRED), answered on 2017-08-08
Subject: Conservation of Community Property
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: SONA RAM CHOUDHARY

## GOVERNMENT OF INDIA MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE

## LOK SABHA UNSTARRED QUESTION NO. 3577

TO BE ANSWERED ON 08.08.2017

## Conservation of Community Property

## 3577   COL. SONARAM CHOUDHARY:

Will  the  Minister  of  ENVIRONMENT,  FOREST  AND  CLIMATE  CHANGE  be pleased to state:

- (a) the existing laws in regard to conservation of community property in the country;
- (b) the details of the mechanism at present to conserve community property;
- (c) whether  the  Government  proposes  to  take  effective  steps  for  conservation  of community  properties  and  rural  economic  upliftment  and  if  so,  the  details thereof;
- (d) whether  the  Government  has  any  scheme/  proposes  to  launch  a  scheme  for conservation of Oran- Gochar-Beed; and
- (e) if,so the details thereof?

## ANSWER

## MINISTER FOR ENVIRONMENT, FOREST AND CLIMATE CHANGE

## (DR. HARSH VARDHAN):

- (a) to (c)  There is no provision in the Indian Forest Act, 1927 (IFA) to conserve community property.  However  under  section  28  of  the  Indian  Forest  Act,  1927  the  State Government may assign to any village- community the rights of Government to or over  any  land  to  reserved  forests  for  formation  of  village-forests.  Similarly  under section 35 of IFA, the State Government may prohibit certain activities in any forest or waste land for protection of forest.

In addition, 'Community forest resource'(CFR) is defined under the section 2(a) of Scheduled  Tribes  and  Other  Traditional    Forest  Dwellers  (Recognition  of  Forest Rights)  Act,  2006  (FRA,  2006)  as  customary  common  forest  land  within  the traditional or customary boundaries of the village or seasonal use of landscape in the case  of  pastoral  communities,  including  reserved  forests,  protected  forests  and protected areas such a sanctuaries and National Parks to which the community had traditional  access.  Section    3(1)  of  the  FRA,  2006  recognises  and  vests  the  forest rights and occupation of the forest land in individuals and communities of the forest dwelling  Scheduled Tribes and other Traditional forest dwellers.  Holders of forest rights  are  empowered  under  section  5  of  FRA  to  protect  the  wild  life,  forest  and biodiversity. Under FRA  Rules, 4(1) (e) The Gram Sabha can constitute Committees for the protection of wildlife, forest and biodiversity.

There is no law pertaining to wildlife regarding conservation of community property in the country. However, the Section 36 C of the Wildlife (Protection) Act, 1972  provids  for  creation  of  Community  Reserves,  to  be  declared  by  the  State Government to conserve wildlife and its habitat, in any private or community land, not comprised within a National Park, Sanctuary, or a Conservation Reserve.

- (d & e) There is no scheme/ proposal for conservation of Oran-Gochar- Beed.  However, the Centrally Sponsored SchemeIntensification of Forest Management Scheme implemented by Ministry of Environment, Forest and Climate Change through the States/ Union Territories aims at assisting the States/ Union Territories by providing financial  assistance in their efforts to protect the forest  and  forest  resources of the country  including  survey  and  demarcation  of  forest  boundaries,  strengthening  of forest infrastructure, prevention and control of forest fire etc.

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