A presentation by Commissioner Tribal Development Gujarat State.

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An Overview Of Implementation Of FRA in Gujarat StateA presentation by Commissioner Tribal DevelopmentGujarat State Status of Total Claims Total S.T. Population - 61.38 lacs

Percentage of S.T. Population. - 15%

Scheduled Area Dist. - 12

Scheduled Area Talukas -43

Total Claims received up to 31/8/2012

Individual - 1,82,869Community Right - 8,723Total - 1,91,592

Total Claims Sanctioned as on 31st August 2012.

Individual - 55,800Community Right - 1,618Total - 57,418

Sabarkantha DistrictTotal Claims Received

Individual - 19625Community Rights - 953Total- 20578

Claims Sanctioned

Individual - 5547Community Rights - 118Total - 5665Banaskantha DistrictTotal Claims Received

Individual - 9488Community Rights - 784Total - 10272

Claims Sanctioned

Individual - 5110Community Rights - 187Total - 5297Panchmahal DistrictTotal Claims Received

Individual - 23666Community Rights- 469Total - 24135

Claims Sanctioned

Individual- 2834Community Rights- 0Total- 2834

Dahod DistrictTotal Claims Received


Claims Sanctioned

Individual- 3593Community Rights- 0Total- 3593Vadodara DistrictTotal Claims Received


Claims Sanctioned


Narmada DistrictTotal Claims Received


Claims Sanctioned


Bharuch DistrictTotal Claims Received


Claims Sanctioned


Surat DistructTotal Claims Received


Claims Sanctioned


Tapi DistrictTotal Claims Received


Claims Sanctioned


Dang DistrictTotal Claims Received


Claims Sanctioned


Navsari DistrictTotal Claims Received


Claims Sanctioned


Valsad DistrictTotal Claims Received


Claims Sanctioned


Action Taken after Seminar held at New DelhiVideo Conference to all concerned Implementing Officers for speedy and effective implementation and given clarification about the new guideline issued by the GoI.Collector, Deputy conservator of forest, Project AdministratorSub Divisional magistrateNew Guideline issued by GoI has been translated into the Gujarati (vernacular language) and circulated to all the district authorities.

Action Taken after Seminar held at New DelhiA Regional seminar:- was organized under the chairmanship of commissioner tribal development at vadodara on date : 24/08/2012 with all concern collectors, Dy. C. Fs., Prant Officers and Project Administrators. New guideline was discussed and necessary clarifications were given. the field issues were discussed and necessary clarification was given.

Reviewing of F.R.A. implementation at the district level:-Important districts have been visited by the Commissioner Tribal Development and Joint Director FRA and reviewed the pending cases at the district as well as subdivision level with the Collectors, DCF and Sub Divisional magistrate.

Review A State Governments pro-active Decision State Govt. has taken a decision to review / revisit the rejected cases on 12/10/2011.All rejected individual claims to be revisit / review by the S.D.L.C.S.D.L.C. will take field visit and hear the aggrieved persons. 23,791 individual claims were reviewed.7534 Claims Sanctioned.

Cases sanctioned in last two monthsDate : 01/01/2008 to 30/06/2012 38,421 individual claims sanctioned.

Date : 19/07/2012 to 31/08/2012 17,371 individual claims sanctioned.

Total individual claims sanctioned :- 55,792 Total Community claims sanctioned :- 1618Total claims sanctioned upto 15/09/12 :- 57,410

Operational Challenges and implementation bottleneck Commissioner Tribal DevelopmentGujarat State, GandhinagarFor FRA implementation state government has constituted following committees State level monitoring committeesDistrict level committeeSub Divisional level committeeVillage Forest Right CommitteeAdministrative setup in Scheduled AreaMembers of SLMCChief Secretory Chairman ACS Tribal Development Department ACS PanchayatPrincipal Secretory Revenue Principal Secretory Forest & Environment Principal Chief conservator of forestCommissioner Tribal DevelopmentThree MLAs From Tribal Areas

State level monitoring committeeMeetings of SLMC have been held timely and following important decisions were taken in the meeting:-Nodal agency:- Tribal Research and Training Institute (TRTI) Ahmedabad as Nodal Training and coordination.Training & guidance to all stake holders Panchayat members, FRC members, Taluka & District panchayat membersTraining & guidance to all implementing officers eg. Collectors, SDM, Dy. C.F., ACF, Project Administrators, Training program on satellite imageries.

Functioning of SLMCImplementation of FRA into non scheduled area Conversion of Forest settlement villages into revenue villages.DGPS / ETS survey of Forest settlement villages & Sanctioned Claims of FRA.13235 hectares area surveyed by DGPS /ETS.Infrastructural facilities in to 199 Forest settlement villages.Satellite imageries as an evidence resolution passed on date : 22/12/2009.

Functioning of SLMCGujarat Tribal Advisory Committee meeting held on Dated : 01/06/2011All Rejected cases to be review / revisited.119558 claims rejected by DLC / SDLC.23791 claims reviewed by DLC.7534 claims sanctioned.Gujarat Tribal Advisory CommitteeCollector ChairmanDeputy conservator of forest Three District Panchayat members of Tribal AreaProject Administrator 12 DLC have been constituted in the Scheduled Area.

District level CommitteeSub Divisional Magistrate ( Prant Officer Assistant conservator of forest Assistant Project Administrator Three Members of Taluka panchayat of Scheduled Area 18 SDLC have been constituted in the Scheduled Area.

Sub Divisional Level Commitee10 - 15 members of the committee elected by Gram sabha.2/3 Members of FRC have been selected from Tribals.1/3 Members of FRC have been selected from Tribal women. 5775 FRC have been constituted in the Scheduled Area.

Village Forest Right Committee182869 claims received by FRC.181340 Claims have been visited & proposals were made and submitted to Gram Sabha in 5775 villages.Understanding of forest right act to local villagers / stake holders.8723 Community rights received and submitted to Gram Sabha.

Functioning of FRC SLMC hase taken a decision to implement of FRA in Non Scheduled Area On Dated : 05/06/2012 Tribal Development Department will be a nodal Department to implement this act in non Scheduled Area.State Government issued a Resolution on Dated : 22/08/2012 in this regard. Instruction has been issued to the District authorities to constitute DLC / SDLC.

Implementation of FRA in Non Scheduled AreaInstruction has been issued to constitute forest right committees in villages of Non Scheduled Areas. The Department is taking support from Panchayat Department to constitute FRC.Act 2006, Rules 2008, Amended rules - 2012 & Guideline - 2012 have been circulated to all non scheduled areas district officers to implement of this act.

Implementation of FRA in Non Scheduled AreaTribal Development has no machinery at the district level in non scheduled areas. Therefor the department is fully depandent on Revenue Department, Panchyat Department & Forest Department.Effective functioning of DLC / SDLC is needed a member secretory which is normally an officer from Tribal Development Department which is lacking in Non Scheduled Areas.Operational Challenges in implementation of FRA in Non Scheduled Area on receipt of intimation from the Forest Rights Committee, the officials of the Forest and Revenue Departments remain present during the verification of the claims and the evidence on the site.

Process of Recognition of Rights:- as per new guideline issued by GoIRegional Workshop on Implementation of Forest right Act-2006, At-Nagpur. Maharashtra, Dt.25/26-09-2012A Presentation on State specific issues for clarification of FRA(Gujarat state)

Issues Regarding the Forest Department EvidenceLand Holding:- Forest department shows less land holding as compared to occupied cultivate land. Therefore, large difference between documents record/ evidence and site condition, which create too much controversy for taking decision.

Evidences in the name of ancestor:- in some of the cases the evidences belongs to their ancestors and there is no system of mutation in forest areas so the legal successors are not able to take the benefits of the evidences.

Issues Regarding Satellite Images Evidence Satellite image:- is one of the evidence consider for claim, but forest block is of large area, hence imaginary map location not exactly justify the location. there are two or more persons occupied the forest land at the site . So particular person/ claimants occupied area not justify. Therefore controversy/ disputes arise among the persons/ claimants.

Horticulture crops, kaccha house not reflect in satellite image.

Dwellers depends on only rain fed agriculture. Hence they cultivate during the monsoon period only. Therefore, as the satellite image shows only cultivation land only, the satellite images of after monsoon period not shows the cultivation. Even though dwellers produce document evidence. Issues regarding evidences Physical attributes:- such as improvement made to land i.e. leveling, bunds could be consider for evidence. But records is not available in major cases for such improvement done before 13/12/2005.Therfore, even though leveling work executed can seen on the site, this evidence could not justified without recorded.

Princely state or provinces & other intermediaries records are not available.

Dwellers produce offence slip:- issued by the forest department for their offence of holding land for cultivation, cutting of trees, theft of forest produce. But offences slip issued by forest not mentioning the reason of offence or not mentioned period or date when the offences done by dweller. only penalty amount recovered by issuing such offences slip. Therefore in all case this evidence are not justify.36Issues regarding evidences As per act Forest dwellers must occupied forest land before 13/12/2005 and holding up to 31/12/2007. But evidence regarding holding of forest land period between 12 /2005 to 12/2007 could not be produced by dwellers. Hence at present evidence of holding land before 13/12/2005 is only consideration for settlement.

Census could be consider for evidence. But it is not justified for dwelling forest. Hence this evidence could not be consider for claim.

Issues Regarding the implementing Department Priority of the different department is different:- As per the revised guidelines forest and revenue department should jointly check/verification of claims and the evidence of site, but field officer who hold the jurisdiction not come forward or not present without any higher authoritys authorization.

In revised guidelines responsible post/ cadre not specified for official of forest department. Therefore forest department depute any person below the rank of sub DFO i.e. forester, beat guard. They have no authority to take decision/ give opinion without any documentary evidence, which hinder the fundamental prime procedure.

Issues at Village Level CommitteeVillage FRC not check/ verified the claim as per the evidence determine in notification and consider all the claims, therefore the procedure at Gramsabha become formal. Hence sub divisional committee procedure becomes difficult the and time consuming.

There is no government member in Village FRC committee, hence the procedure and checking not done seriously and as per law/ guidelines. Therefore one of the government member of SLDC should be included in the committee.

Role of Gramsabha:- is just to read all the claims put up by village forest right committee. Even though claims not fall within the act or not fulfill the notified criteria, because of they do not displeased any village person. Hence problems to make decision in SDLC.

Innovative best practices A presentation by Commissioner Tribal DevelopmentGujarat State

After issuing of a new guideline & national workshop held at Delhi.A Two months special campaign for FRA claims have been planed & following strategy was under taken.Video Conferences:- To Sensitizes new guideline two special video conferences organized & the detailed clarifications were given to the District Collectors, District Forest Officers, SDMs, Project Administrators & other field level officers.Time bound implementations of FRA One day Regional workshop at Vadodara:- further a regional workshop was also organized by CTD to give clear understanding of the FRA and the new guideline issued by the GoI. All the Collectors, DFOs, SDMs, and Project Administrators of scheduled areas were remain present in the workshop. District Action Plan:- all 12 district had made their district action plan to implement the FRA in time bound manner of rejected claims as well as pending claims.Time bound implementations of FRA District review visits by CTD and JD FRA:- 7 Out of 12 Districts were visited by CTD and JD FRAReview sub division wise progress of pending and rejected claims with Collector, DFO, SDMs & Project Administrator.Field problems and district specific issues were Discussed with the district authorities and coordinated the same with the state departments.District Action plan to be achieved in the given time.Time bound implementations of FRA 17500 claims were sanctioned by the DLCs during last two months.All most all 12 Districts have achieved targets as per their District action plan.Vadodara, Dahod, Panchmahal, Sabarkantha Districts have sanctioned more than 2000 claims in last two months. Remaining Districts will achieve their target in next month. Achievement Draft Action Plan for the implementation of FRAA presentation by Commissioner Tribal DevelopmentGujarat State

Draft Action Plan for Scheduled AreasDraft Action Plan for Non Scheduled Areas

Draft Action PlanTime bound program for disposal of following claims Individuals claims - 1,03,622Community rights claims 2,061Total claims - 1,05,683Claims yet to be decided - 18,336Review and revisiting claims 1,01,776Community rights claims 2,061

Draft Action Plan for Scheduled AreasPending Claims will be decided by SDLC by end of January 2013.Reviewed Claims will be decided by SDLC by end of February 2013.Community Rights claims will be decided by SDLC by end of February 2013.DLC will decide all the claims in scheduled Areas by end of March 2013.

Draft Action Plan for Scheduled AreasNew claims if any, will be verified and submitted to Gram Sabha by February.SDLC will decide such cases by end of March 2013.DLC will finalized such cases by end of April 2013.

Draft Action Plan for Scheduled AreasConstitution of FRC, SDLC and DLC- One monthTraining, video conference, Seminars and Orientation Programs will be organized by end of November 2012. Receiving of individual and community rights claims by end of February -2013.All claims will be verified by end of March 2013.

Action Plan for Non Scheduled AreasFRC will submit to Gram Sabha by end of April 2013.Gram Sabha will decide the claims and submit to SDLC by end of May 2013.SDLC will decide the claims and submit to the DLC by end of June 2013.DLC will decide all the claims received by SDLC end of July 2013.

Draft Action Plan for Non Scheduled Areas

A presentation by Commissioner Tribal Development Gujarat State.

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Transcript of A presentation by Commissioner Tribal Development Gujarat State.