Lok Sabha Question No. 3063 (UNSTARRED), answered on 2018-12-31
Subject: Forest Rights Act, 2006
Ministry: TRIBAL AFFAIRS
Asked by: RABINDRA KUMAR JENA

## GOVERNMENT OF INDIA

## (MINISTRY OF TRIBAL AFFAIRS)

## LOK SABHA UNSTARRED QUESTION NO. 3063

TO BE ANSWERED ON 31.12.2018

## FOREST RIGHTS ACT, 2006

## 3063. SHRI RABINDRA KUMAR JENA:

Will the Minister of TRIBAL AFFAIRS be pleased to state:

- (a) whether plantation projects under compensatory afforestation can be taken up under the forest land without the approval of Gram Sabha, as given in Forest Rights Act, 2006 and if so, the details thereof;
- (b)   whether the  Government has noted an incongruence with the stance of Ministry of Environment, Forests and Climate Change (MoEF&CC) on compensatory Afforestation on lands which are either held by communities or communities who have rights of collecting forest produces;
- (c) if so, the details thereof;
- (d)   whether the definition of Gram Sabha in draft rules for implementation of the compensatory Afforestation Fund Act notified by the MoEF&CC is different/ incongruent with the definition given in FRA 2006 and if so, the details thereof; and
- (e) whether the ministry raised this matter with the MoEF&CC and if so, the reasons for not raising the same?

## ANSWER

## MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SHRI SUDARSHAN BHAGAT)

- (a) The  Compensatory  Afforestation  Fund  Rules,  2018  provides  that  the  Annual  Plan  of  Operation  for Compensatory  Afforestation  should  be  prepared  in  consultations  with  Gram  Sabha  to  integrate  any  other  specific management  plan  of  the  forest  prepared  by  the  committee  of  Gram  Sabha  constituted  under  Rule  4(1)  (e)  of  the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rule, 2007(2 of 2007). Once the  Annual  Plan  of  Operation  has  been  prepared  in  consultation  with  Gram  Sabha  and  approved  by  the  State Government, the Compensatory Afforestation and other activities are under taken as per the approved plan.
- (b) & (c) Rights of communities on forest produces on Compensatory Afforestation forest land are not curtailed by undertaking compensatory afforestation.

As per second proviso below Rule 5(3) (k) of Compensatory Afforestation Fund (CAF) Rules, 2018  'activities over  forest  land  under  the  control  of  State  Forest  Department  and  being  managed  as  per  the  working  plan  with participation of local people shall be taken up in consultation with the Gram Sabha or Village Forest  Management Committee as the case may be, and shall be in consonance with the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) and the guidelines issued thereunder, wherever applicable'.

As per third proviso below Rule 5(3) (k) of Compensatory Afforestation Rules, 2018 'in case the said activities are to be undertaken in areas not covered by the approved  working plan then activities referred to in sub rule (2) and (3) shall be taken up in consultation with  concerned Gram Sabha or Village Forest Management Committee or any authority having jurisdiction over that areas, as the case may be and shall be in consonance with the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) and the guidelines issued thereunder, wherever applicable'.

(d) & (e) In the draft Compensatory Afforestation Fund Rules, 2018, which was notified on 16.2.2018,  the 'Gram Sabha' had been defined that it would have the same meaning as assigned to it in clause (b) of article 243 of the Constitution. The Ministry of Tribal Affairs pointed out that the said definition was not in accordance with the definition as provided in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). Now, in the Compensatory Afforestation Fund Rules, 2018 notified on 10.8.2018 the following has been provisioned in Rule 2 (2):-

'The word and expression used and not defined in these rules but defined in the Act, the Indian Forest Act, 1927 (16 of 1927), the Wildlife (Protection) Act 1972 (53 of 1972), the Forest (Conservation) Act 1980 (69 of 1980), the Biological  Diversity  Act,  2002  (18  of  2003)  and  the  Scheduled  Tribes  and  Other  Traditional  Forest  Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) and the rules made under these Acts shall have the meanings respectively assigned to them in those Acts and rules'.

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