LexThe Scheduled Tribes And Other Traditional Forest Dweller (Recognition Of Forest Rights) ACT, 2006
Madhya Pradesh · state statute
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THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS
(RECOGNITION OF FOREST RIGHTS) ACT, 2006
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ARRANGEMENT OF SECTIONS
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CHAPTER 1
PRELIMINARY
SECTIONS
1. Short title, extent and commencement.
2. Definitions.
CHAPTER II
FOREST RIGHTS
3. Forest rights of Forest dwelling Scheduled Tribes and other tradional forest dwellers.
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.
5. Duties of holders of forest rights.
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.
CHAPTER V
OFFENCES AND PENALTIES
7. Offences by members or officers of authorities and Committees under this Act.
8. Cognizance of offences.
CHAPTER VI
MISCELLANEOUS
9. Members of authorities, etc., to be public servants.
10. Protection of action taken in good faith.
11. Nodal agency.
12. Power of Central Government to issue directions.
13. Act not in derogation of any other law.
14. Power to make rules.
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THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS
(RECOGNITION OF FOREST RIGHTS) ACT, 2006
ACT NO. 2 OF 2007
[29th December, 2006.]
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 h ave 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 oth er 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 1
PRELIMINARY
1. Short title , extent and commencement. –(1) This Act may be called the Scheduled Tribes and
Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006.
(2) It extends to the whole of India except the State of Jammu and Kashmir.
(3) It shall come into force on such date 1 as the Central Government may, by notifi cation 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 Na tional
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 process of consultation by an Expert Committee, which includes experts from the locality
appointed by that Government wherein a 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 commun ity 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;
1. 31st December, 2007, vide notification No. S. O . 2224(E), dated 31st December, 2007, see Gazette of India Extra ordinary,
Part II, sec 3(ii)
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(d) “forest land ” means land of any description falling within any fo rest area and includes
unclassified forests, undemarcated forests, existing or deemed forests, protected forests, reserved
forests, Sanctuaries and National Parks;
(e) “forest 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 settlemen t 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;
(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 produ ce 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 c omprising 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 t o as a village in any State law relating to Panchayats oth er 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 tradional 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 dweller s 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 self -cultivation 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 intermediary 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 tradi tional seasonal resource access of noma dic or
pastoralist communities;
(e) rights including community tenures of habitat and habitation for primitive tribal groups an d
pre-agricultural communities;
(f) rights in or over disputed lands under any nomenclatur e in any S tate 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 habitatio n, 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;
(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 Trib es or
other traditional forest dwellers, as the case may be, which are not mentioned in clauses ( a) to (k) but
excluding the traditional right of 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, nemely:–
(a) schools;
(b) dispensary or hospital;
(c) anganwadis;
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(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 subject to the condition that the
same is recommended by the Gram Sabha.
CHAPTER III
RECOGNITION, RESTORATION AND VESTING OF FOREST RIGHTS AND RELATED MATTERS
4. Recognition of, and vesting of, forest rig hts 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 recogni ses and vest s
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 the ir 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 co mplete 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 concluded that other reasonable opti ons, 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 individ uals and communities given in the relevant laws and the po licy 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;
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(f) no resettlement shall take place until facilities and land allocation at the resettlement location
are complete as per the promised package:
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 fores t 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 f orest 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 o f forest land, exce pt 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 fore st 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;
(b) ensure that adjoining catchments area, water sources and other ecological sensitive areas are
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 determining 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
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rights and the Gram Sabha shall, then, pass a resolution to that eff ect and thereafter forward a copy of the
same to the Sub-Divisional 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 th e
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 opportunity 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 prep are 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:
Provided that no petition shall be preferred directly before the District Level Com mittee 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 aggrieved 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 Distri ct Level Committee on the record of forest rig hts 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 I nstitutions 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
Committee 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 member s 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:
Provided that nothing contained in this sub -section shall render any member of t he authority or
Committee or head of the department or any person referred to in this 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 commission of such offence.
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8. Cognizance of offences.–No court shall take cognizance 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 Committee 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 emplo yees 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.
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 fo r 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 exe rcise 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 C ommittee, 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.
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(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 t wo 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.
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