A presentation by Commissioner Tribal Development Gujarat State

Status of Total Claims Total S.T. Population lacs Percentage of S.T. Population. - 15% Scheduled Area Dist Scheduled Area Talukas -43 Total Claims received up to 31/8/2012 Individual - 1,82,869 Community Right - 8,723 Total - 1,91,592 Total Claims Sanctioned as on 31 st August Individual - 55,800 Community Right - 1,618 Total - 57,418

Sabarkantha District Total Claims Received Individual Community Rights Total Claims Sanctioned Individual Community Rights Total

Banaskantha District Total Claims Received Individual Community Rights Total Claims Sanctioned Individual Community Rights Total

Panchmahal District Total Claims Received Individual Community Rights- 469 Total Claims Sanctioned Individual Community Rights- 0 Total- 2834

Dahod District Total Claims Received Individual Community Rights- 651 Total Claims Sanctioned Individual Community Rights- 0 Total- 3593

Vadodara District Total Claims Received Individual Community Rights- 314 Total Claims Sanctioned Individual Community Rights- 3 Total- 7014

Narmada District Total Claims Received Individual Community Rights Total Claims Sanctioned Individual Community Rights- 0 Total- 5741

Bharuch District Total Claims Received Individual Community Rights- 140 Total Claims Sanctioned Individual Community Rights- 0 Total- 2937

Surat Distruct Total Claims Received Individual Community Rights Total Claims Sanctioned Individual Community Rights- 119 Total- 4010

Tapi District Total Claims Received Individual Community Rights- 506 Total Claims Sanctioned Individual Community Rights- 210 Total- 2408

Dang District Total Claims Received Individual Community Rights- 626 Total Claims Sanctioned Individual- 904 Community Rights- 626 Total- 1530

Navsari District Total Claims Received Individual Community Rights- 700 Total Claims Sanctioned Individual Community Rights- 107 Total- 2236

Valsad District Total Claims Received Individual Community Rights- 277 Total Claims Sanctioned Individual Community Rights- 248 Total

Action Taken after Seminar held at New Delhi Video 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 Administrator Sub Divisional magistrate New 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 Delhi A 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 Government’s 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 – Claims Sanctioned.

Cases sanctioned in last two months Date : 01/01/2008 to 30/06/ ,421 individual claims sanctioned. Date : 19/07/2012 to 31/08/ ,371 individual claims sanctioned. Total individual claims sanctioned :- 55,792 Total Community claims sanctioned : Total claims sanctioned upto 15/09/12 :- 57,410

Commissioner Tribal Development Gujarat State, Gandhinagar

For FRA implementation state government has constituted following committees State level monitoring committees District level committee Sub Divisional level committee Village Forest Right Committee Administrative setup in Scheduled Area

Members of SLMC Chief Secretory Chairman ACS Tribal Development Department ACS Panchayat Principal Secretory Revenue Principal Secretory Forest & Environment Principal Chief conservator of forest Commissioner Tribal Development Three MLA’s From Tribal Areas State level monitoring committee

Meetings 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 members Training & guidance to all implementing officers eg. Collectors, SDM, Dy. C.F., ACF, Project Administrators, Training program on satellite imageries. Functioning of SLMC

Implementation 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 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 SLMC

Gujarat Tribal Advisory Committee meeting held on Dated : 01/06/2011 All Rejected cases to be review / revisited claims rejected by DLC / SDLC claims reviewed by DLC claims sanctioned. Gujarat Tribal Advisory Committee

Collector Chairman Deputy conservator of forest Three District Panchayat members of Tribal Area Project Administrator 12 DLC have been constituted in the Scheduled Area. District level Committee

Sub 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 Commitee

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 FRC have been constituted in the Scheduled Area. Village Forest Right Committee

claims received by FRC 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 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 Area

Instruction 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 & Guideline have been circulated to all non scheduled areas district officers to implement of this act. Implementation of FRA in Non Scheduled Area

Tribal 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 GoI

Regional Workshop on Implementation of Forest right Act-2006, At-Nagpur. Maharashtra, Dt.25/ A Presentation on State specific issues for clarification of FRA (Gujarat state)

Issues Regarding the Forest Department Evidence Land 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/ claimant’s 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.

Issues 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 authority’s 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 Committee Village 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.

A presentation by Commissioner Tribal Development Gujarat 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 FRA Review 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

A presentation by Commissioner Tribal Development Gujarat State

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

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

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

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

Constitution of FRC, SDLC and DLC- One month Training, video conference, Seminars and Orientation Programs will be organized by end of November – Receiving of individual and community rights claims by end of February All claims will be verified by end of March – Action Plan for Non Scheduled Areas

FRC will submit to Gram Sabha by end of April – Gram Sabha will decide the claims and submit to SDLC by end of May – SDLC will decide the claims and submit to the DLC by end of June – DLC will decide all the claims received by SDLC end of July – Draft Action Plan for Non Scheduled Areas