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Forest Rights Act Related Information Discussed in Both the Houses of Parliament: Lok Sbha & Rajya Separate

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Forest Rights Act Related Information Discussed in Both the Houses of Parliament: Lok Sbha & Rajya Separate Forest Rights Act related information discussed in both the Houses of Parliament: Lok Sbha & Rajya Separate. Forest Rights Act – Lok Sabha 2008 to till Monsoon Session, 2013 Q.NO. Q.Type Date Ministry Member Title TRIBAL APPLICABILITY OF FOREST 1835 UNSTARRED 16.08.2013 AFFAIRS BAIJAYANT PANDA RIGHTS ACT VIOLATION OF FOREST 5996 UNSTARRED 03.05.2013 MINES ABDULRAHMAN RIGHTS ACT TRIBAL KHAGEN DAS,FEROZE IMPLEMENTATION OF THE 275* STARRED 15.03.2013 AFFAIRS VARUN GANDHI FOREST RIGHTS ACT TRIBAL RAMSINHBHAI IMPLEMENTATION OF 721* UNSTARRED 01.03.2013 AFFAIRS PATALBHAI RATHWA FOREST RIGHTS ACT TRIBAL KAUSHALENDRA NATIONAL COMMITTEE ON 2345 UNSTARRED 07.12.2012 AFFAIRS KUMAR FOREST RIGHTS ACT, 2006 YASHBANT JOINT COMMITTEE FOR TRIBAL NARAYAN SINGH IMPLEMENTATION OF 2518 UNSTARRED 07.12.2012 AFFAIRS LAGURI FOREST RIGHTS ACT MANSUKHBHAI D. VASAVA,YASHBANT TRIBAL NARAYAN SINGH IMPLEMENTATION OF 4447 UNSTARRED 07.09.2012 AFFAIRS LAGURI FOREST RIGHTS ACT GANGASANDRA SAXENA COMMITTEE TRIBAL SIDDAPPA REPORT ON THE FOREST 2299* UNSTARRED 24.08.2012 AFFAIRS BASAVARAJ RIGHTS ACT THE SCHEDULED TRIBES MANSUKHBHAI D. AND OTHER TRADITIONAL VASAVA,YASHBANT FOREST DWELLERS TRIBAL NARAYAN SINGH RECOGNITION OF FOREST 7000 UNSTARRED 18.05.2012 AFFAIRS LAGURI RIGHTS ACT TRIBAL IMPLEMENTATION OF 3793 UNSTARRED 27.04.2012 AFFAIRS P. K. BIJU FOREST RIGHTS ACT TRIBAL IMPLEMENTATION OF 2811 UNSTARRED 30.03.2012 AFFAIRS BADRUDDIN AJMAL FOREST RIGHTS ACT SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS TRIBAL RANJAN PRASAD (RECOGNITION OF FOREST 3805 UNSTARRED 16.12.2011 AFFAIRS YADAV RIGHTS) ACT, 2006 TRIBAL HARISCHANDRA 2581 UNSTARRED 09.12.2011 AFFAIRS DEORAM CHAVAN FOREST RIGHTS ACT, 2006 SCHEDULED TRIBES AND MANSUKHBHAI D. OTHER TRADITIONAL VASAVA,YASHBANT FOREST DWELLERS TRIBAL NARAYAN SINGH (RECOGNITION OF FOREST 1912 UNSTARRED 02.12.2011 AFFAIRS LAGURI RIGHTS) ACT, 2006 HARIBHAU MADHAV TRIBAL JAWALE,SURESH 3982 UNSTARRED 26.08.2011 AFFAIRS KUMAR SHETKAR FOREST RIGHTS ACT BASUDEB ACHARIA,WAKCHAU TRIBAL RE BHAUSAHEB 83* STARRED 05.08.2011 AFFAIRS RAJARAM FOREST RIGHTS ACT, 2006 1 | Page BABAR GAJANAN DHARMSHI,RUDRAM ADHAB RAY, ANANDRAO VITHOBA ADSUL,KHAGEN TRIBAL DAS,SHIVAJI 851 UNSTARRED 25.02.2011 AFFAIRS ADHALRAO PATIL FOREST RIGHTS ACT TRIBAL IMPLEMENTATION OF 5215* UNSTARRED 27.08.2010 AFFAIRS NISHIKANT DUBEY FOREST RIGHTS ACT, 2006 TRIBAL 3365 UNSTARRED 13.08.2010 AFFAIRS BASUDEB ACHARIA FOREST RIGHTS ACT KOWASE MAROTRAO TRIBAL SAINUJI,UMA IMPLEMENTATION OF THE 195 STARRED 06.08.2010 AFFAIRS SHANAKER SINGH FOREST RIGHTS ACT, 2006 ANANDRAO VITHOBA ADSUL,GANGASANDR A SIDDAPPA TRIBAL BASAVARAJ,HANSRA IMPLEMENTATION OF 2630 UNSTARRED 12.03.2010 AFFAIRS J GANGARAM AHIR FOREST RIGHTS ACT TRIBAL UMA SHANAKER IMPLEMENTATION OF 135 STARRED 27.11.2009 AFFAIRS SINGH FOREST RIGHTS ACT, 2006 IMPLEMENTATION OF SCHEDULED TRIBES AND ANANDRAO VITHOBA OTHER FOREST PANCHAYATI ADSUL,SHIVAJI RECOGNITION OF FOREST 4895* UNSTARRED 07.08.2009 RAJ ADHALRAO PATIL RIGHTS ACT TRIBAL BABAR GAJANAN 3866 UNSTARRED 31.07.2009 AFFAIRS DHARMSHI FOREST RIGHTS ACT ARJUN MUNDA,YASHBANT NARAYAN SINGH LAGURI, ANANDRAO VITHOBA ADSUL,MANSUKHBH SCHEDULED TRIBES AND AI D. OTHER FOREST DWELLERS TRIBAL VASAVA,SHIVAJI RECOGNITION OF FOREST 2981 UNSTARRED 24.07.2009 AFFAIRS ADHALRAO PATIL RIGHTS ACT TRIBAL MADHUSUDAN IMPLEMENTATION OF 443 UNSTARRED 20.02.2009 AFFAIRS DEVRAM MISTRY FOREST RIGHTS ACT ENVIRONMEN T AND ANANDRAO VITHOBA 2927 UNSTARRED 19.03.2008 FORESTS ADSUL FOREST RIGHTS ACT TRIBAL 239 STARRED 14.03.2008 AFFAIRS M. JAGANNATH FOREST RIGHTS ACT 2006 GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA UNSTARRED QUESTION NO 1835 ANSWERED ON 16.08.2013 APPLICABILITY OF FOREST RIGHTS ACT 2 | Page 1835 . Shri BAIJAYANT PANDA Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government proposes to extend the applicability of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 to fisherman of Bhitarkanika wildlife sanctuary for fishing inside the sanctuary; (b) if so, the details thereof; and (c) the steps taken by the Government in this regard? ANSWER MINISTER OF STATE IN THE MINISTRY OF TRIBAL AFFAIRS (SMT. RANEE NARAH) (a) to (c): The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 seeks to recognize and vest the forest rights and occupation in forest land in forest dwelling Scheduled Tribes and other traditional forest dwellers who have been residing in such forests for generations but whose rights could not be recorded. The term “forest land” as defined in Section 2(d) of the Act means land of any description falling within any forest area including the wildlife sanctuaries. The forest rights recognized under the Act include the community rights of uses or entitlements of fish and other products of water bodies. Therefore, if the fishermen of Bhitarkanika wildlife sanctuary are “forest dwelling Scheduled Tribes” and “other traditional forest dwellers” within the meaning of the Act, then they are eligible for recognition of the said community right of uses or entitlements of fish and other products of water bodies. --------------------------- GOVERNMENT OF INDIA MINISTRY OF MINES LOK SABHA UNSTARRED QUESTION NO 5996 ANSWERED ON 03.05.2013 VIOLATION OF FOREST RIGHTS ACT 5996 . Shri ABDULRAHMAN Will the Minister of MINES be pleased to state:- (a) whether the Government has urged various States for cancellation of mineral concessions which were granted in violation of the Forest Rights Act, 2006; (b) if so, the details thereof; (c) the details of mineral concessions that have been granted in violation of the said Act, State/UT-wise; and (d) the steps taken or proposed to be taken by the Government to protect the rights of tribals in this regard? ANSWER MINISTER OF THE STATE IN THE MINISTRY OF MINES (SHRI DINSHA PATEL) (a) & (b) No Madam. However, the Ministry of Environment and Forests (MoEF) have informed that they have issued guidelines on 3rd August,2009 and 5th February,2013 on submission of documentary evidences in support of settlement of rights in accordance with the provisions of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 along with the proposals seeking prior approval of the Central Government under the Forest (Conservation) Act, 1980 for diversion of forest land for non-forest purpose, including for mining projects. 3 | Page (c) The Ministry of Mines conveys its prior approval for grant of mineral concessions subject to statutory approvals including forest clearances under the Forest (Conservation) Act. Only after these approvals are given, mineral concessions are granted by the State Governments. (d) The Government has introduced the Mines and Minerals (Development and Regulation) Bill (MMDR Bill), 2011 in Lok Sabha on 12.12.2011 in which there is a provision for sharing of benefits with the local population which would enable monetary benefit to families affected by mining related activities and creation, management and maintenance of local infrastructure in areas affected by mining related operations. -------------------------- GOVERNMENT OF INDIA MINISTRY OF TRIBAL AFFAIRS LOK SABHA STARRED QUESTION NO 275 ANSWERED ON 15.03.2013 IMPLEMENTATION OF THE FOREST RIGHTS ACT 275 . Shri KHAGEN DAS FEROZE VARUN GANDHI Will the Minister of TRIBAL AFFAIRS be pleased to state:- (a) whether the Government has identified the factors that impede the implementation of the Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 in the country; (b) if so, the details thereof along with the corrective measures taken by the Government including amendments to be made in the Act in this regard; (c) the details of the claims for distribution of titles lying pending under the Act, State/UT-wise along with the time by which these are likely to be settled; (d) whether some States have also shown concerns in the implementation of the Act, and (e) if so, the names thereof indicating the implementation status thereof by the States /UTs along with the corrective measures taken by the Government in this regard? ANSWER MINISTER OF TRIBAL AFFAIRS (SHRI V. KISHORE CHANDRA DEO) (a) to (e): A statement is laid on the Table of the House. Statement referred to reply to parts (a) to (e) of Lok Sabha Starred Question No. 275 (15th position) for answer on 15.03.2013 tabled by Shri Khagen Das & Shri Varun Gandhi regarding “Implementation of the Forest Rights Act, 2006”. (a) & (b) The Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 had been enacted with the objective of remedying the historical injustice to the forest dwelling Scheduled Tribes and other traditional forest dwellers of the country. The Act became operational with the notification of Rules on 01-01- 2008. The Ministry noticed several problems impeding the implementation of the Act in letter and spirit, which inter-alia included convening of Gram Sabha meetings at the panchayat level (in some cases) resulting in exclusion of smaller habitations not formally part of any village; non-recognition of un-hindered absolute rights over the minor forest produce (MFP) to forest dwellers; continuance of monopoly of the State Forest Corporations in the trade of high value MFPs; rejection of claims without assigning any reason; claimants not being informed about rejection of claims thereby denying them the opportunity to appeal against rejection; insistence on particular type of evidence for accepting claims; introducing extraneous evidences such as satellite imagery to reject claims duly supported by 4 | Page evidences required under the Rule; lack of awareness about community rights, non-recognition of rights in National Parks and Sanctuaries etc. The Ministry undertook an exercise to arrive at certain provisions and steps for facilitating robust implementation of the Act. Based on the outcome of the said exercise, the Ministry has issued comprehensive guidelines to the State/UT Governments on 12.7.2012 for better implementation of the Act and followed it up by amending the Forest Rights Rules on 06-09-2012 to remove the impediments in the implementation of FRA in letter and spirit.
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