Lok Sabha Question No. 2920 (UNSTARRED), answered on 2018-12-28
Subject: Forest Rights Act
Ministry: ENVIRONMENT,  FORESTS AND CLIMATE CHANGE
Asked by: SHRIKANT EKNATH SHINDE, DHARMENDRA YADAV, PRITAM GOPINATH MUNDE, Shrirang Appa Barne, SHIVAJI ADHALRAO PATIL

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

## LOK SABHA UNSTARRED QUESTION NO. 2920

TO BE ANSWERED ON 28.12.2018

## Forest Rights Act

## 2920.   DR. SHRIKANT EKNATH SHINDE: SHRI DHARMENDRA YADAV: DR PRITAM GOPINATH MUNDE: SHRI SHRIRANG APPA BARNE: SHRI ADHALRAO PATIL SHIVAJIRAO

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

- (a) whether according to his Ministry projects seeking to divert forest lands do not need to comply with Forest Rights Act (FRA) for initial clearance;
- (b) if  so,  whether  the  Ministry  of  Tribal  Affairs  has  raised  concerns  thereon  and  the response of his Ministry;
- (c) whether the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest  Rights)  Act,  2006  clearance  is  not  required  for  initial  stage  of  Forest Conservation (FC) approval, if so, the details thereof;
- (d) whether FC process, according to the Forest Conservation Act (FCA), 1980, is carried out in two stages- Stage I, the in-principle approval and Stage II, the final approval;
- (e) if  so,  whether  later  stage  requirement  for  FRA  would  be  a fait  accompli as  by  the second  stage,  project  proponents  would  have  progressed  and  Tribals  living  therein area would be at great disadvantage and if so, the facts in this regard; and
- (f) the measures taken by the Union Government not to violate the spirit of FRA?

## ANSWER

## MINISTER  OF  STATE  IN  THE  MINISTRY  OF  ENVIRONMENT,  FOREST  AND CLIMATE CHANGE (DR. MAHESH SHARMA)

- (a)&(b) The proposals  of  the  State  Governments  seeking  diversion  of  forest  land  under Forest (Conservation) Act, 1980 require that FRA certificate from collector of the District must be submitted before final approval is granted by the Ministry. The Certificate are given on prescribed Performa certifying that all rights of Schedule Tribes  and  other  traditional  forest  dwellers  are  settled  as  per  the  provisions  of Schedule Tribe and Other Traditional Forest Dwellers (Reorganisation of Forest Rights) Act 2006 and the Gram Sabha has given its consent  for the projects as per the  provision  of  Forest  Right  Act,  2006.  These  certificates  have  been  made mandatory for all proposals under Forest (Conservation) Act in consultation with Ministry of Tribal Affairs.
- (c)&(d) Forest Clearance under Forest (Conservation) Act, 1980 is granted in two stages. In  stage  I  in  principle  approval  is  granted  by  the  Central  Government  on  the

recommendation of Forest Advisory Committee/Regional Empowered Committee for which the certificate of the Collector under Forest Right Act is not mandatory as per the Forest Conservation (Amendments) Rules, 2016 dated 6 th March, 2017. However under these Rules certificate of the Collector under Forest Right Act is mandatory in stage II (final) approval under Forest (Conservation) Act, 1980.

- (e)&(f) The  Compliance  of  the  Forest  Right  Act,  2006  is  the  responsibility  of  the concerned State  Government submitting the proposal for forest  diversion  in  the State for development projects. Stage-I (in principle) clearance is granted subject to  fulfilment  and  compliance  of  the  conditions  referred  in  stage-I  (in  principle clearance).  No  activities  related  to  diversion  of  forest  land  can  be  done  by  the State  Government  without  the  stage-II  (final)  approval  and  subsequent  order issued by State Government for diversion of forest land in this State. Therefore stage-I  Clearance  does  not  create fait accompli situation  on  diversion  of  forest land granted by the Central Government.

The  stage  I  and  subsequent  Stage-II  clearance  granted  by  Central  Government does  not  violate  the  spirit  of  Forest  Right  Act.  The  State  Government  has  to comply the provision of Forest Right Act before diversion of Forest land for the purpose of developmental activities on forest land of State.

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