The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 does not contain any provision for constitution of Forest Rights Committee by the State Governments.  The Scheduled Tribes and other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008, notified by the Ministry of Tribal Affairs on 1.1.2008 for implementing the provisions of the Act, however, provide for constitution of Forest Rights Committee by the Gram Sabha for assisting it in its functions to –

          (i)      receive, acknowledge and retain the claims in the specified form               and evidence in support of such claims;

          (ii)     prepare the record of claims and evidence including maps;

(iii)           prepare a list of claimants on forest rights;

(iv)    verify claims as provided in the Rules;

(v)     present their findings on the nature and extent of the claim before the Gram Sabha for its consideration;

(vi)    acknowledge every claim received, in writing;

(vii)        prepare the claims on behalf of Gram Sabha for community forest rights in the prescribed Form.

 

          The Rules also provide that the Forest Rights Committee shall, after due intimation to the concerned claimant and the Forest Department –

(a)              visit the site and physically verify the nature and extent of the claim and evidence on the site;

(b)             receive any further evidence or record from the claimant and witnesses;

(c)              ensure that the claim from pastoralists and nomadic tribes for determination of their rights, which may either be through individual members, the community or traditional community institution, are verified at a time when such individuals, communities or their representatives are present;

(d)             ensure that the claim from member of a primitive tribal group or pre-agricultural community for determination of their rights to habitat, which may either be through their community or traditional community institution, are verified when such communities or their representatives are present;

(e)              prepare a map delineating the area of each claim indicating recognizable landmarks; and

(f)               record its findings on the claim and present the same to the Gram Sabha for its consideration.

 

          The Rules further provide that if there are conflicting claims in respect of the traditional or customary boundaries of another village or if a forest area is used by more than one Gram Sabha, the Forest Rights Committees of the respective Gram Sabhas shall meet jointly to consider the nature of enjoyment of such claim and submit the findings to the respective Gram Sabha in writing.

The requisite details are given in the Annexure.

Annexure

Statement indicating the names of the States/ UTs which have constituted the Forest Rights Committee and which are yet to constitute such Committees

(As on 31.7.2012)

 

Notes:  

(i)      The Government of Arunachal Pradesh has informed unlike the other      States of           Indian Union where the Scheduled Tribes and other     traditional forest dwellers        are in minority and socio economically marginalized by other dominant non-tribal population, the State of       Arunachal Pradesh is wholly domiciled by various ethnic tribal groups    whose land and forests are specifically identified with    natural boundaries         of hillocks, ranges, rivers and tributaries.  Barring few   pockets of land     under wildlife sanctuaries, reserved forests, most of the land in entire      State is community land.  Territorial boundaries of land and forest   belonging to one community or tribes from the others are also identified in        the           same line leaving no scopes for any dispute over the possession of           land forest or water bodies among the tribes.  Therefore, the Scheduled       Tribes and Other Traditional Forest Dwellers (Recognition of Forest      Rights) Act, 2006 in true         sense does not have much relevance to the    State of Arunachal Pradesh. 

(ii)     The Government of Manipur has informed that, in Manipur, the tribal     communities and tribal chiefs are already holding ownership of forest land          as their ancestral land in non-Reserved Forest Area. Therefore,        implementation of the Forest Rights Act is perceived minimal in Manipur.

(iii)    The Government of Meghalaya has informed that 96% of the forest land in the State is owned by the clans/communities/individuals.      Implementation of the Act has, therefore, limited scope.

(iv)    The Government of Nagaland has informed that the land holding system           and    the village system of the Naga people is peculiar in that the people       are the land          owners.   Hence, the Act per se may not be applicable to the       State of Nagaland.  However, a Committee has been constituted to   examine the          applicability of the Act in Nagaland as per provision of Art.     371(A) of Constitution of India.

 

(v)     The Government of Sikkim has informed that in Sikkim there are no forest       dwelling Scheduled Tribes and Other Traditional Forest Dwellers in the        true   sense of the           terms. Most of the Scheduled Tribes of Sikkim hold     revenue land in their own name and they are not solely dependent     on the         forests for their livelihood.

(vi)    The Government of Daman & Diu has informed that the Chief Conservator      of Forests, Daman and Diu has reported that there is no forest village          in U.T. of Daman Diu, However, Chief Executive Officer Dist.        Panchayat Daman & Diu & Collector of both Daman & Diu Dist have          been requested to give publicity to the provision of Act.

(vii)   The Government of Dadra & Nagar Haveli has informed that despite       notices in advance and propaganda, it has been difficult to hold gram   sabha meetings in          absence of quorum of 2/3 of all members of such    gram sabhas.  All out efforts are being made for constitution of Forest    Rights Committees in all the gram sabhas.

This information was given by the Minister of State for Tribal Affairs, Shri Mahadeo Singh Khandela in a written reply in the Lok Sabha today.

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PKM/DB