1
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OFFICE OF THE SECRETARY TO THE GOVERNOR OF
MAHARASHTRA
PREAMBLE
CONSTITUTION OF INDIA.
No. RB/TC/CR-414/Notification/200/2020.—The following notification
issued by the Governor of Maharashtra is published for the general
information :—
WHEREAS, under sub-paragraph (1) of paragraph 5 of the Fifth
Schedule to the Constitution of India, the Governor may, by public
notification, direct that any particular Act of Parliament or of Legislature
of the State shall not apply to the Scheduled Area referred to in clause (1)
of Article 244 of the Constitution of India or any part thereof in the State
or shall apply to the Scheduled Area or any part thereof in the State subject
to the exceptions and modifications specified in the notification;
AND WHEREAS, a need has been identified to provide housing area
for the extended Forest Dwelling Scheduled Tribe families and Other
Traditional Forest Dwelling families in Tribal Areas;
AND WHEREAS, providing housing area will lead to stop migration
of the Forest Dwelling Scheduled Tribe families and Other Traditional
Forest Dwelling families outside the native habitats and will provide
stability in tribal lives;
AND WHEREAS, a large number of demands have originated
regarding extension of village site/hamlet/ habitation area in the Scheduled
Area villages;
AND WHEREAS, almost all the villages in the Scheduled Areas of
the State are notified as Revenue Villages;
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RNI No. MAHBIL /2009/35528
(1)
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AND WHEREAS, it has been reported that most of the areas outside
the recognized village site/hamlet/ habitation of the said villages are
treated as situated in the Forest Land;
AND WHEREAS, it is considered expedient to make provision for
the housing of Forest Dwelling Scheduled Tribe families and Other
Traditional Forest Dwelling families by making provision for extension
of village site/hamlet/ habitation Land;
AND WHEREAS, sub-section (2) of section 3 of the Scheduled Tribes
and Other Traditional Forest Dwellers (Recognition of Forest Rights)
Act, 2006 provides for diversions of forest land for 13 facilities managed
by the Government;
AND WHEREAS, in exercise of the powers conferred by sub-
paragraph (1) of Paragraph 5 of the Fifth Schedule to the Constitution of
India, the Governor of Maharashtra issued Notification on 23rd February
2017, and thereby added entries (n) and (o) in sub-section (2) of section 3
of the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006 (2 of 2007), in its application to
the State of Maharashtra;
AND WHEREAS, the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 does not specifically
provide for in this list of 13 the purpose of providing housing area in the
Scheduled Areas;
AND WHEREAS, it is expedient to further amend the Scheduled
Tribes and Other Traditional Forest Dwellers (Recognition of Forest
Rights) Act, 2006, in its application to the State of Maharashtra, for the
said purpose;
NOW, THEREFORE, in exercise of the powers conferred by sub-
paragraph (1) of Paragraph 5 of the Fifth Schedule to the Constitution of
India, the Governor of Maharashtra hereby makes the following
Notification :—
NOTIFICATION
CONSTITUTION OF INDIA.
In exercise of the powers conferred by sub-paragraph (1) of paragraph 5 of
the Fifth Schedule to the Constitution of India, the Governor of Maharashtra
hereby directs that the Scheduled Tribes and Other Traditional Forest Dwellers
(Recognition of Forest Rights) Act, 2006, in its application to the State of
Maharashtra shall apply to the Scheduled Areas referred to in clause (1) of the
Article 244 of the Constitution with the following exceptions and modifications,
namely :—
MODIFICATION TO THE SCHEDULED TRIBES AND OTHER
TRADITIONAL FOREST DWELLERS (RECOGNITION OF FOREST
RIGHTS) ACT, 2006,
In Section 3 of the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007),—
(i) in sub-section (1), after clause (k), the following clause shall be
inserted, namely:—
“(k-1) right for housing only to the extent for which provision
has been made under clause (p) of sub-section (2) of this section;”;
3
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ON BEHALF OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATION, PRINTED AND PUBLISHED BY DIRECTOR,
RUPENDRA DINESH MORE, PRINTED AT GOVERNMENT CENTRAL PRESS, 21-A, NETAJI SUBHASH ROAD, CHARNI ROAD,
MUMBAI 400 004 AND PUBLISHED AT DIRECTORATE OF GOVERNMENT PRINTING, STATIONERY AND PUBLICATIONS,
21-A, NETAJI SUBHASH ROAD, CHARNI ROAD, MUMBAI 400 004. EDITOR : DIRECTOR, RUPENDRA DINESH MORE.
(ii) in sub-section (2),—
(a) after the clause (o), as added by the Governor’s Notification,
No.RB/TC/e-13011(4)(2014)/Notification/236/2017, dated the 23rd
February 2017, the following clause shall be added, namely:—
“(p) provision of housing to the Forest Dwelling Scheduled
Tribe families and Other Traditional Forest Dwelling families
belonging to the concerned village by extension of village site/
hamlet/ habitation for area.”.
(b) after the existing proviso, the following proviso and
Explanation shall be added, namely:—
“Provided further that, for the purposes of clause (o), the
diversion of land for the purposes of village site/hamlet/
habitation shall be permitted only if,—
(i) the land so diverted from the forest land, is as far as
practicable, surrounded or is contiguous to the village site/
hamlet/ habitation of the village;
(ii) the land so diverted only if there is a demand for the
purpose from the persons belonging to the Forest Dwelling
Scheduled Tribe families and Other Traditional Forest Dwelling
families and are ordinarily resident in the same village;
(iii) the land shall be allotted to the persons belonging to
the Forest Dwelling Scheduled Tribe families and Other
Traditional Forest Dwelling families and ordinarily resident in
the same village;
Explanation.—For the purposes of clause (p), the expression “village”
shall include the ‘hamlets’ and ‘habitations’ forming part of the revenue
village.
Raj Bhavan, Mumbai,
BHAGAT SINGH KOSHYARI,
Dated the 23rd September, 2020.
Governor of Maharashtra.
By order and in the name of the Governor of Maharashtra,
SANTOSH KUMAR,
Principal Secretary to Government.