GOVERNMENT OF KERALA

Law (Legislation-Publication) Department

NOTIFICATION

No. 13938/Leg.Pbn.4/2007/Law.

Dated, Thiruvananthapuram, 23rd June 2007.

The following Act of Parliament published in the Gazette of India,

Extraordinary, Part II, Section I, dated the 2nd January, 2007 is hereby republished

for general information.

The Bill as passed by the Houses of Parliament received

the assent of the President on the 29th December, 2006.

By order of the Governor,

P. S. GOPINATHAN,

Law Secretary.

G. 678/2007/DTP.

Kerala Gazette No. 34 dated 21st August 2007.

PART I

Section i

2

THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS

(RECOGNITION OF FOREST RIGHTS) ACT, 2006

(ACT NO. 2 OF 2007)

AN

ACT

to recognise 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; to provide for a framework for recording the

forest rights so vested and the nature of evidence

required for such recognition and vesting

in respect of forest land.

WHEREAS the recognised rights of the forest dwelling Scheduled Tribes and

other traditional forest dwellers include the responsibilities and authority for

sustainable use, conservation of biodiversity and maintenance of ecological

balance and thereby strengthening the conservation regime of the forests while

ensuring livelihood and food security of the forest dwelling Scheduled Tribes and

other traditional forest dwellers;

AND WHEREAS the forest rights on ancestral lands and their habitat were not

adequately recognised in the consolidation of State forests during the colonial

period as well as in independent India resulting in historical injustice to the forest

dwelling Scheduled Tribes and other traditional forest dwellers who are integral

to the very survival and sustainability of the forest ecosystem;

AND WHEREAS it has become necessary to address the long standing

insecurity of tenurial and access rights of forest dwelling Scheduled Tribes and

other traditional forest dwellers including those who were forced to relocate their

dwelling due to State development interventions.

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India

as follows:—

CHAPTER I

PRELIMINARY

1.

Short title and commencement.—(1)

This Act may be called the

Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest

Rights) Act, 2006.

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(2)

It extends to the whole of India except the State of Jammu and Kashmir.

(3)

It shall come into force on such date as the Central Government may,

by notification in the Official Gazette, appoint.

2.

Definitions.—In this Act, unless the context otherwise requires,—

(a)

“community forest resource” means customary common forest land

within the traditional or customary boundaries of the village or seasonal use

of landscape in the case of pastoral communities, including reserved forests,

protected forests and protected areas such as Sanctuaries and National Parks

to which the community had traditional access;

(b)

“critical wildlife habitat” means such areas of National Parks and

Sanctuaries where it has been specifically and clearly established, case by

case, on the basis of scientific and objective criteria, that such areas are

required to be kept as inviolate for the purposes of wildlife conservation as

may be determined and notified by the Central Government in the Ministry

of Environment and Forests after open procoess of consultation by an

Expert committee, which includes experts from the locality appointed by that

Government wherein in representative of the Ministry of Tribal Affairs shall

also be included, in determining such areas according to the procedural

requirements arising from sub-sections (1) and (2) of section 4;

(c)

“forest dwelling Scheduled Tribes” means the members or

community of the Scheduled Tribes who primarily reside in and who depend

on the forests or forest lands for bona fide livelihood needs and includes the

Scheduled Tribe pastoralist communities;

(d)

“forest land” means land of any description falling within any

forest area and includes unclassifed forests, undemarcated forests, existing

or deemed forests, protected forests, reserved forests, Sanctuaries and

National Parks;

(e)

“forests rights” means the forest rights referred to in section 3;

(f)

“forest villages” means the settlements which have been

established inside the forests by the forest department of any State

Government for forestry operations or which were converted into forest

villages through the forest reservation process and includes forest settlement

villages, fixed demand holdings, all types of taungya settlements, by

whatever name called, for such villages and includes lands for cultivation

and other uses permitted by the Government;

(g)

“Gram Sabha” means a village assembly which shall consist of all

adult members of a village and in case of States having no Panchayats,

Padas, Tolas and other traditional village institutions and elected village

committees, with full and unrestricted participation of women;

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(h)

“habitat” includes the area comprising the customary habitat and

such other habitats in reserved forests and protected forests of primitive

tribal groups and pre-agricultural communities and other forest dwelling

Scheduled Tribes;

(i)

“minor forest produce” includes all non-timber forest produce of

plant origin including bamboo, brush wood, stumps, cane, tussar, cocoons,

honey, wax, lac, tendu or kendu leaves, medicinal plants and herbs, roots,

tubers and the like;

(j)

“nodal agency” means the nodal agency specified in section 11;

(k)

“notification” means a notification published in the Official Gazette;

(l)

“prescribed” means prescribed by rules made under this Act;

(m)

“Scheduled Areas” means the Scheduled Areas referred to in

clause (1) of article 244 of the Constitution;

(n)

“sustainable use” shall have the same meaning as assigned to it in

clause (o) of section 2 of the Biological Diversity Act, 2002 (18 of 2003);

(o)

“other traditional forest dweller” means any member or community

who has for at least three generations prior to the 13th day of December,

2005 primarily resided in and who depend on the forest or forests land for

bona fide livelihood needs.

Explanation.—For the purpose of this clause, “generation” means a

period comprising of twenty-five years;

(p)

“village” means—

(i)

a village referred to in clause (b) of section 4 of the Provisions

of the Panchayats (Extension to the Scheduled Areas) Act, 1996

(40 of 1996); or

(ii)

any area referred to as a village in any State law relating to

Panchayats other than the Scheduled Areas; or

(iii)

forest villages, old habitation or settlements and unsurveyed

villages, whether notified as village or not; or

(iv)

in the case of States where there are no Panchayats, the

traditional village, by whatever name called;

(q)

“wild animal” means any species of animal specified in Schedules I

to IV of the Wild Life (Protection) Act, 1972 (53 of 1972) and found wild in

nature.

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CHAPTER II

FOREST RIGHTS

3.

Forest rights of Forest dwelling Scheduled Tribes and other traditional

forest dwellers.—(1)

For the purposes of this Act, the following rights, which

secure individual or community tenure or both, shall be the forest rights of forest

dwelling Scheduled Tribes and other traditional forest dwellers on all forest lands,

namely:—

(a)

right to hold and live in the forest land under the individual or

common occupation for habitation or for selfcultivation for livelihood by a

member or members of a forest dwelling Scheduled Tribe or other traditional

forest dwellers;

(b)

community rights such as nistar, by whatever name called,

including those used in erstwhile Princely States, Zamindari or such

inermediary regimes;

(c)

right of ownership access to collect, use, and dispose of minor

forest produce which has been traditionally collected within or outside

village boundaries;

(d)

other community rights of uses or entitlements such as fish and

other products of water bodies, grazing (both settled or transhumant) and

traditional seasonal resource access of nomadic or pastoralist communities;

(e)

rights, including community tenures of habitat and habitation for

primitive tribal groups and pre-agricultural communities;

(f)

rights, in or over disputed lands under any nomenclature in any

State where claims are disputed;

(g)

rights for conversion of Pattas or leases or grants issued by any

local authority or any State Government on forest lands to titles;

(h)

rights of settlement and conversion of all forest villages, old

habitation, unsurveyed villages and other villages in forests, whether

recorded, notified, or not, into revenue villages;

(i)

right to protect, regenerate or conserve or manage any community

forest resource which they have been traditionally protecting and conserving

for sustainable use;

(j)

rights which are recognised under any State law or laws of any

Autonomous District Council or Autonomous Regional Council or which are

accepted as rights of tribals under any traditional or customary law of the

concerned tribes of any State;

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(k)

right of access to biodiversity and community right to intellectual

property and traditional knowledge related to biodiversity and cultural

diversity;

(l)

any other traditional right customarily enjoyed by the forest

dwelling Scheduled Tribes or other traditional forest dwellers, as the case

may be, which are not mentioned in clauses (a) to (k) but excluding the

traditional right or hunting or trapping or extracting a part of the body of

any species of wild animal;

(m)

right to in situ rehabilitation including alternative land in cases

where the Scheduled Tribes and other traditional forest dwellers have been

illegally evicted or displaced from forest land of any description without

receiving their legal entitlement to rehabilitation prior to the 13th day of

December, 2005.

(2)

Notwithstanding anything contained in the Forest (Conservation) Act,

1980 (69 of 1980), the Central Government shall provide for diversion of forest

land for the following facilities managed by the Government which involve felling

of trees not exceeding seventy-five trees per hectare, namely:—

(a)

schools;

(b)

dispensary or hospital;

(c)

anganwadis;

(d)

fair price shops;

(e)

electric and telecommunication lines;

(f)

tanks and other minor water bodies;

(g)

drinking water supply and water pipelines;

(h)

water or rain water harvesting structures;

(i)

minor irrigation canals;

(j)

non-conventional source of energy;

(k)

skill upgradation or vocational training centres;

(l)

roads; and

(m)

community centres:

Provided that such diversion of forest land shall be allowed only if,—

(i)

the forest land to be diverted for the purposes mentioned in this

sub section is less than one hectare in each case; and

(ii)

the clearance of such developmental projects shall be subejct to

the condition that the same is recommended by the Gram Sabha.

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CHAPTER III

RECOGNITION, RESTORATION AND VESTING OF FOREST RIGHTS AND

RELATED MATTERS

4.

Recognition of, and vesting of, forest rights in forest dwelling

Scheduled Tribes and other traditional forest dwellers.—(1)

Notwithstanding

anything contained in any other law for the time being in force, and subject to

the provisions of this Act, the Central Government hereby recognises and vests

forest rights in—

(a)

the forest dwelling Scheduled Tribes in States or areas in States

where they are declared as Scheduled Tribes in respect of all forest rights

mentioned in section 3;

(b)

the other traditional forest dwellers in respect of all forest rights

mentioned in section 3.

(2)

The forest rights recognised under this Act in critical wildlife

habitats of National Parks and Sanctuaries may subsequently be modified

or resettled, provided that no forest rights holders shall be resettled or

have their rights in any manner affected for the purposes of creating

inviolate areas for wildlife conservation except in case all the following

conditions are satisfied, namely:—

(a)

the process of recognition and vesting of rights as specified in

section 6 is complete in all the areas under consideration;

(b)

it has been established by the concerned agencies of the State

Government, in exercise of their powers under the Wild Life (Protection)

Act, 1972 (53 of 1972) that the activities or impact of the presence of

holders of rights upon wild animals is sufficient to cause irreversible

damage and threaten the existence of said species and their habitat;

(c)

the State Government has conducted that other reasonable

options, such as, co-existence are not available;

(d)

a resettlement or alternatives package has been prepared and

communicated that provides a secure livelihood for the affected

individuals and communities and fulfils the requirements of such

affected individuals and communities given in the relevant laws and the

policy of the Central Government;

(e)

the free informed consent of the Gram Sabhas in the areas

concerned to the proposed resettlement and to the package has been

obtained in writing;

(f)

no settlement shall take place until facilities and land allocation

at the resettlement location are complete as per the promised package:

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Provided that the critical wildlife habitats from which rights holders are

thus relocated for purposes of wildlife conservation shall not be

subsequently diverted by the State Government or the Central Government

or any other entity for other uses.

(3)

The recognition and vesting of forest rights under this Act to

the forest dwelling Scheduled Tribes and to other traditional forest

dwellers in relation to any State or Union territory in respect of forest

land and their habitat shall be subject to the condition that such

Scheduled Tribes or tribal communities or other traditional forest dwellers

had occupied forest land before the 13th day of December, 2005.

(4)

A right conferred by sub-section (1) shall be heritable but not

alienable or transferable and shall be registered jointly in the name of both

the spouses in case of married persons and in the name of the single

head in the case of a household headed by a single person and in the

absence of a direct heir, the heritable right shall pass on to the next-of-kin.

(5)

Save as otherwise provided, no member of a forest dwelling

Scheduled Tribe or other traditional forest dweller shall be evicted or

removed from forest land under his occupation till the recognition and

verification procedure is complete.

(6)

Where the forest rights recognised and vested by sub-section (1)

are in respect of land mentioned in clause (a) of sub-section (1) of section

3 such land shall be under the occupation of an individual or family or

community on the date of commencement of this Act and shall be

restricted to the area under actual occupation and shall in no case exceed

an area of four hectares.

(7)

The forest rights shall be conferred free of all encumbrances and

procedural requirements, including clearance under the Forest

(Conservation) Act, 1980 (69 of 1980) requirement of paying the

‘net present value’ and ‘compensatory afforestation’ for diversion of forest

land, except those specified in this Act.

(8)

The forest rights recognised and vested under this Act shall

include the right of land to forest dwelling Scheduled Tribes and other

traditional forest dwellers who can establish that they were displaced from

their dwelling and cultivation without land compensation due to State

development interventions, and where the land has not been used for the

purpose for which it was acquired within five years of the said acquisition.

5.

Duties of holders of forest rights.—The holders of any forest right,

Gram Sabha and village level institutions in areas where there are holders of any

forest right under this Act are empowered to—

(a)

protect the wild life, forest and biodiversity;

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(b)

ensure that adjoining catchments area, water sources and other

ecological sensitive areas adequately protected;

(c)

ensure that the habitat of forest dwelling Scheduled Tribes and

other traditional forest dwellers is preserved from any form of destructive

practices affecting their cultural and natural heritage;

(d)

ensure that the decisions taken in the Gram Sabha to regulate

access to community forest resources and stop any activity which

adversely affects the wild animals, forest and the biodiversity are complied

with.

CHAPTER IV

AUTHORITIES AND PROCEDURE FOR VESTING OF FOREST RIGHTS

6.

Authorities to vest forest rights in forest dwelling Scheduled Tribes and

other traditional forest dwellers and procedure thereof.—(1)

The Gram Sabha

shall be the authority to initiate the process for determing the nature and extent

of individual or community forest rights or both that may be given to the forest

dwelling Scheduled Tribes and other traditional forest dwellers within the local

limits of its jurisdiction under this Act by receiving claims, consolidating and

verifying them and preparing a map delineating the area of each recommended

claim in such manner as may be prescribed for exercise of such rights and the

Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a

copy of the same to the Sub-Dividional Level Committee.

(2)

Any person aggrieved by the resolution of the Gram Sabha may

prefer a petition to the Sub-Divisional Level Committee constituted under sub-

section (3) and the sub-Divisional Level Committee shall consider and dispose of

such petition:

Provided that every such petition shall be preferred within sixty days from

the date of passing of the resolution by the Gram Sabha:

Provided further that no such petition shall be disposed of against the

aggrieved person, unless he has been given a reasonable oppportunity to present

his case.

(3)

The State Government shall constitute a Sub-Divisional level

Committee to examine the resolution passed by the Gram Sabha and prepare the

record of forest rights and forward it through the Sub-Divisional Officer to the

District Level Committee for a final decision.

(4)

Any person aggrieved by the decision of the Sub-Divisional Level

Committee may prefer a petition to the District Level Committee within sixty days

from the date of decision of the Sub-Divisional Level Committee and the District

Level Committee shall consider and dispose of such petition:

G. 678/2007/DTP.

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Provided that no petition shall be preferred directly before the District

Level Committee against the resolution of the Gram Sabha unless the same has

been preferred before and considered by the Sub-Divisional Level Committee:

Provided further that no such petition shall be disposed of against the

aggrived person, unless he has been given a reasonable opportunity to present

his case.

(5)

The State Government shall constitute a District Level Committee to

consider and finally approve the record of forest rights prepared by the sub-

Divisional Level Committee.

(6)

The decision of the District Level Committee on the record of forest

rights shall be final and binding.

(7)

The State Government shall constitute a State Level Monitoring

Committee to monitor the process of recognition and vesting of forest rights and

to submit to the nodal agency such returns and reports as may be called for by

that agency.

(8)

The Sub-Divisional Level Committee, the District Level Committee

and the State Level Monitoring Committee shall consist of officers of the

departments of Revenue, Forest and Tribal Affairs of the State Government and

three members of the Panchayati Raj Institutions at the appropriate Level,

appointed by the respective Panchayati Raj Institutions, of whom two shall be

the Scheduled Tribe members and at least one shall be a woman, as may be

prescribed.

(9)

The composition and functions of the Sub-Divisional Level

Committee, the District Level Commitee and the State Level Monitoring Committee

and the procedure to be followed by them in the discharge of their functions

shall be such as may be prescribed.

CHAPTER V

OFFENCES AND PENALTIES

7.

Offences by members or officers of authorities and Committees under

this Act.—Where any authority or Committee or officer or member of such

authority or Committee contravenes any provision of this Act or any rule made

thereunder concerning recognition of forest rights, it, or they, shall be deemed to

be guilty of an offence under this Act and shall be liable to be proceeded

against and punished with fine which may extend to one thousand rupees:

11

Provided that nothing contained in this sub-section shall render any member

of the authority or Committee or head of the department or any person referred

to in the section liable to any punishment if he proves that the offence was

committed without his knowledge or that he had exercised all due diligence to

prevent the commision of such offence.

8.

Cognizance of offences.—No court shall take congizance of any offence

under section 7 unless any forest dwelling Scheduled Tribe in case of a dispute

relating to a resolution of a Gram Sabha or the Gram Sabha through a resolution

against any higher authority gives a notice of not less than sixty days to the

State Level Monitoring Commitee and the State Level Monitoring Committee has

not proceeded against such authority.

CHAPTER VI

MISCELLANEOUS

9.

Members of authorities, etc., to be public servants.—Every member of

the authorities referred to in Chapter IV and every other officer exercising any of

the powers conferred by or under this Act shall be deemed to be a public servant

within the meaning of section 21 of the Indian Penal Code (45 of 1860).

10.

Protection of action taken in good faith.—(1)

No suit, prosecution or

other legal proceeding shall lie against any officer or other employee of the

Central Government or the State Government for anything which is in good faith

done or intended to be done by or under this Act.

(2)

No suit or other legal proceeding shall lie against the Central

Government or the State Government or any of its officers or other employees for

any damage caused or likely to be caused by anything which is in good faith

done or intended to be done under this Act.

(3)

No suit or other legal proceeding shall lie against any authority as

referred to in Chapter IV including its Chairperson, members, member-secretary,

officers and other employees for anything which is in good faith done or

intended to be done under this Act.

11.

Nodal agency.—The Ministry of the Central Government dealing with

Tribal Affairs or any officer or authority authorised by the Central Government in

this behalf shall be the nodal agency for the implementation of the provisions of

this Act.

12.

Power of Central Government to issue directions.—In the performance

of its duties and exercise of its powers by or under this Act, every authority

referred to in Chapter IV shall be subject to such general or special directions, as

the Central Government may, from time to time, give in writing.

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13.

Act not in derogation of any other law.—Save as otherwise provided

in this Act and the Provisions of the Panchayats (Extension to the Scheduled

Areas) Act, 1996 (40 of 1996) the provisions of this Act shall be in addition to

and not in derogation of the provisions of any other law for the time being

in force.

14.

Power to make rules.—(1) The Central Government may, by

notification, and subject to the condition of previous publication, make rules for

carrying out the provisions of this Act.

(2)

In particular, and without prejudice to the generality of the foregoing

powers, such rules may provide for all or any of the following matters, namely:—

(a)

procedural details for implementation of the procedure specified in

section 6;

(b)

the procedure for receiving claims, consolidating and verifying

them and preparing a map delineating the area of each recommended claim

for exercise of forest rights under sub-section (1) of section 6 and the

manner of preferring a petition to the sub-Divisional committee under sub-

section (2) of that section;

(c)

the level of officers of the departments of Revenue, Forest and

Tribal Affairs of the State Government to be appointed as members of the

Sub-Divisional Level Committee, the District Level Committee and the State

Level Monitoring Committee under sub-section (8) of Section 6;

(d)

the composition and functions of the Sub-Divisional Level

Committee, the District Level Committee and the State Level Monitoring

Committee and the procedure to be followed by them in the discharge of

their functions under sub-section (9) of section 6 :

(e)

any other matter which is required to be, or may be, prescribed.

(3)

Every rule made by the Central Government under this Act shall be

laid, as soon as may be after it is made, before each House of Parliament, while

it is in session, for a total period of thirty days which may be comprised in one

session or in two or more successive sessions, and if, before the expiry of the

session immediately following the session or the successive sessions aforesaid,

both Houses agree in making any modification in the rule or both Houses agree

that the rule should not be made, the rule shall thereafter have effect only in such

modified form or be of no effect, as the case may be; so, however, that any such

modification or annulment shall be without prejudice to the validity of anything

previously done under that rule.