-fareft Ho Ho yeo-3300499 Hic a The Gazette of Gudia | Ute | oa, sent, vafiresre & wafers REGD.NO.D.L-3300099 PUBLISHED BY AUTHORITY a 440) ‘ag faeett, areata, Perea 6, 2012/ HE 15, 1934 No440] NEW DELML, THURSDAY, SEPTEMBER 6, 2012/BHADRA 15, 1934 ‘aerated siren ater at freett, 6 fara, 2012 meas 669(e) —aryafert orranfe otk oma Wegener aH Pare (ar sift arr) wahes Fram, 2012 a1 eR, oiGERTE Swe oie ser wea TT Pant (7 sitert A aren) afta, 2006 (2007 wr 2) wt eR 14 Bt seETT (1) A stergae, wrer gear sTanfy ad saree A aire Fo Met A. $78(H), arte 19 garg, 2012 ane @ os, ore, aT 2, wis 9, STRES (i) A wh artes @y wane fare aren on, Perera TS wh aera a, Bre wet men er aH ara of, sa ata & Preah ga aoa A wfdal oe at GaeaT are Gs al afte Be BA ara wore SA S gs onde te Yara AA ay a; aie war waTTA BH Aai, TAT wT 20 Gers, 2012 wT UTA we g 7g a; ate Saha eer ant See wre Tete Prat S shia A ora S se oneal ote “are we area we A Ree ae er TB; O:, 3a, AT WPT, aratee serene ote ora reer ae Prareth (eat A ara) HPI, 2006 (2007 wT 2) Bare 14 A oTEMRT (1) oe GIR (2) atts yea afeel ar wir ae ge, argue arronfe ote aoe aeewrrt aH Fare (aa after A are) Fa, 2008 or Hehe He fey Freferae Paw aardt & rele a319an2012 ©‘THE GAZETTE OF INDIA : EXTRAORDINARY (Parr l—See. 3(0)) 1. (0) st Pron on Witra are orqafeer oonfs ote omer ugar a Pant (oF aftert Barer) water Pra, 2012 & | (2) a wares F yer a antes wt age EF | 2, aRfefie orn ote ore wera a Pra (a sift aA art) Fem, 2008 (PY geek ae vee wae Pram Ger yar 8) S Pet 2} waa (1) F— () @e (@) 3 eI R Prefer Be war ore, sre “(q@) “ciifter A arate oreermart” & ofSPerr a art 3 a eaere (1) | 3 faite after & faxh wart & mer S ei oie Gea aA vita at ornate ge oe ofita 8 aor fread sierfa WO aftent & wan a aque afters genre ar Reva th ey”; (ii) Gs (7) 3 eee, Prefers ds siacenfta fey ag, siete (re) “arpa often” & 2 after afta Eat err 3 a oar (1) S as (@), as @), ds ©), we (, Gs), as), EZ (9), ds & ak as tata; (iii) Se (@) S wera wy Pratt cig wan eM, safe “(@) arr 3 @ guare (1) @ Ge (@) B ants “ator or Gere & Peer” AH Rea & after + sinia afen a wate wee, yo wReds, W wang & outa & fog oRaer S waft eel } rey Sar as F shee oft gee oRaes ar citer & fay oR a saa aaa, ert aT uiteiel arr Roma he Ps wqettaren-(1) thor ay sere H aRaes & wide 9, afte gone oatahte enh ate Pre 4 & gute (1) ds (SB ons afea aff art aT aM eT ant safe eater are fey are | @ wRaer veel a ater a aE widen Freee a ifr ah fee woo @ Prati Ie ae A (a) shor a eae ar size well were ar Ste mT ore wa Se eT 3. vee rast & Pron 2 veut Prafeifiae Pam otavenfts rar ore, raf “205, geal an detest St aga ait oad wart wt fie 2 Wey GER ae Bead wei fe, - (=) sete dare, See eenait Bates Get S ayE aT area, Ae dae aT wader ad] Poy ay acta at ae aH aT Gite fer oH, vA sitvarte wT a feet wor aaa om aftrces ar am ai & a ah daw wet é afk tort[om are 349] A TER: FTATOT 3S daw S mer 8 ga ofan o wth & fey ot swe A aA voter 88 arare, eal ar sare a eats oer war are a GA wore aan oe tah at wT ores eae a aff wT or (a) wrds wx TA S oues aad GT get ote sarah a qe wt aif ae & ON ade 4 Peet a & wm adi & ferg fh ewer } TE A taraa 3 fee al B wr 4 afta ee aye oy aw at fem aT am & wr a Sisex 7 oruen yana wee fae A aereifaa wea > cre B wear na Bae A otters wT Rar ray & she ara Sorat oy fae ot } ver Oi aa at ores we ae aN ifr wa fer en 8, ae aE B ; (a) arg set atte omer ah pf wh sie wae BA we gt ay TA ot aT Soar ote afoot @ Pea ah at sar ged S areRTaTS fer aftr # aaa era flat at ant & "| 4, gaa fraat & fran 3 4- (@) wars (0) 3, am A ae we Reng wee angers oeTanfte eA” wed cer oy Some we ated weer seTfa TeTAH a” wer we ore; (@) safer (3) & ream, Prefer soften star firm orem, srg Sg) a4 tore wR ompafta rune sty oer meres aT Rav front # aren) dshat Ray, 2012 Saga eh Hh ata a ee wea a arreratoral aA aiftenreh ar wea See are a Gears at fhe we TE ARE 4 fran aa wef 1 5. wae Pom & fram 4 4- () ts (9 & veerg Prefatter es otacenfts rat ore, sea; (@) ae © & ante ae aR TT Pe ae are sega Grafted ite oe cranny dara 3 ara & fae Rae oa dened ah aah ee ae & Fy ergata a eters oS wher site wae ahora da Heh, am aries ste Pris sear afk eft afer ote wder chor wy as arr Hh Ger draaal a art drommat @ YS cael shay aA SPAT ERT sraeTa TAS og B eer Va GET | (wae were, searet & Foe Sone er weer a ae ator aT Tete ge aa aA S wh Prec a oes wet |‘THE GAZETTE OF INDIA : EXTRAORDINARY [Paar II—See. 340] (ii) obras (2) cere we Preifisa vaPiamt ear TT, Fe 2 92) on aor & cafes A aerghf eA ar ep BH eH eH ome F OFT weet are ert : iq Softee waeal FB ar ST gs fer Rect eH: wig ae atte Rr oral a sitter & aed aia A aE pes aE fa ITT a oer @ ardent am Sb AAP RA Beret afer wafers | eg ae ate AR) NY clot waa tte Hs BA Te ea ANT ETT ant aia gi P') 6. aaa frat @ Pret 6 8 és @ OB wT w Peters Gs wer TET, sia “@) ardent a ara & ga Pa b corde (rea &, G ote a) 4 renova short a oracht & afte Pagan ouerarar Gea Heh”! 7, oe Prvit & Fram 8 4, () de (BF Sake” we ar city Poa aTET S Gi) ae (@) A ote” ca aia F staeenftr fom ET 5 (ii) as (@) & seare Pesta as ote-senta Fra se, oe s— amg 8") 8, wan Parti & fra 10 4,- () Gs () 3 we ® Prafeftad Gs wat TTT S(ayy a are A a A a ae aT eR AY are, omg ote Ps ara a afer wl aiPrex eet & fey dow oe aa we areal wy fra oe Saar wire @eA, ate alee erat at woffa a} eda F oad 6 S saree TH aa Prafeor ow ofPram & onlin attr weet ar oigurera we, orgie adi & att waft oe & oem, a FE a Saha eae a Fahim HRA af" (i) ae (@) & searg Prfatten as sigan Fran aT, se: (a) PaRreaen ere 3-H woUT (1) B GS (GH ofahee Suet wT GTC ate ant 4 A saarr (g) Fah are we,”(9 Ia 34) Ne AUS : FATT 9. ad Pani } Paw 11 & oufan (4) Aver a A arate efter” wed oie ae & wert een | A arya: saree’ atte wT TART 3 BW aaRT (1) & @s (a) 3 ott waite a dene w after” ve, sie, Hew ok oe Ww ant | 10, saa fran} & Pre 12 3 oar Prafefesd fram siaenita fog wrth, aerfa :- S12, affront Baraat & afrer-(1) cater aR a err aA me we a ate ore anit que wre we al } qos sty Meal FH wees F tert safes Eh ote ort eH, atta ote Ruta, aff arg a, G ere orlerfeal we see wets (2) ae ga Pret arer uderat Rae artes St me wr are oRpPR ara aw Fa oro rey fy ard é fe as ae S thas oad SAA squad wed = at ewes & fag et a oa WA ant wet onde Poy ay 8 arr aT a ta Rav aren | aft wor ASA fie ere wha Am aA A ora wT Eat aa Sas Ware eT Gr fAPreea site ArT TET I" (3) ower ar aa A oie ar oa ert wet WM am A a ws ER ARS ara ofa era wr oui aT ae eft Her a ae Ferd wh fafreaa aT froma a after wt mde a defies fear ong foe ae aenferfa, reds wae WANS an fore eae AA wate Rear aT orate ford dhe site fer S fore war Bat S Ade wy frente Prat on ade Sof after Het & fag ae wre oT We | (4) a arg om wor aftr om WaT ar UTais eR wife & fafeca Ww aray at at ahr weet & al ae confer, wees ee ahha an fore we WAR Bare ofa wea en Brean fers ater at Gry S vera (Gala ofr & wD, af ty a, eT arqaferfa a) efter gre fear aren | © ft atte aftr a afer a aa aw Pvern ag ore oa om fi oe od art & wats A Go mega wa ar RT STA A HG ae PRT aa a | (6) sree eR wR aT fren ee UR, aR ores wre, a ueT wT voor a fiona & sigh ore ort ar we gear ofafter qaerr a oer ah ger 2 we oaiata a aka ost A aay yada we S fy arr war BT ara at fetta eh () &F eanot %, ot ae wr ae feet ae at RaTt cards she wT SF ere feria aed aah Re Vees wor es GR A WAT Soria S ae aT aS fle aR se Gra & ry Te fren wee aPRAR art syfes vA aT aT & a for er GAR, cen, a wr aT woes wy WAAR A Roel oT for 7 ot & alta oro feta wr 8 sifkewag wet site fren we UERAT SF 33g GT)I2~ 2A‘THE GAZETTE OF INDIA : EXTRAORDINARY [Parr Sec. 3(0)] ante # wit Tad SR aie, gona, ararevat a AT AT TT wT aT STAT wag ore | Gy eer 5 weer (i) ke (@) se eT me eed TS SE age Sha rt oh A dn Ae rot ode gS AE TRE Fe ee ray wa, co ate ors nee mers ee rT, Tg we Br een te ene aren nf ga eT HA he a Peat & HAAN HITT paAtie ara ar aa are a raf (10) STS HR doa my Pre wr selec aT ar Poa ST potaenn ar Ainge BRT eee TT FRE STE f tga Pr eh hag Feit aT a we bet HH APTS omer TE BET: aig ae atte Re aes an ras om ws Ae oT eon ay a rare aA) a fina Ra at ET AAA a aH we, ata He ay fafreae wer & forg Tes eT | cece a ay ree HAART THT APTA are A fe 194 (1) sTES Fras abet ae ae we Pare eh & Fre veh le eH ee fafifdee wet Te Waa wet SH | wer ores RIE, aH TET Rad ate can a en Fh gt oh aE Py TH aT en aE TL (ey wore Re ae ae ace eh Tet oe HB ATES BT athe oe Sra Premed Ae ATT TET |(ore 1am 3) re BL THOT = TET (2) fron wae wARRY Ha se era S was are 3 aA gue (1) & te (®) a veratta rer, Saree ate yg Wye SH A are arch wh orga Fy TA # yar Tae | (0) Pan we aay ae GPreza wee fH ar s A were (1) Fas (@) F ada Pra ayaa a dere & Wer, ashes ay weer at wg Seale a7 aftr Rad wa aa Praret ora eS Pree ouate & fare eee aie weer Bharat aml A arated & ore aren ng t oy wera GTA wwe ET (a) Pret wm Fam oe often at areraT a RE aM A cer A SAS TTT aA Bren eR WAR & whe ane afhfeRee fee aT | @) Tat, arr 3 & es () & oes teoiferera faker Foes areas yh seater at Get echo Aer Rar sree Perec siz Pre, career ORG ote TPL set one ST Ta TEA Suet & Fae aH Rear yt S| " gaa Prot Pram 12 4 auftan () Foes (GS vem feted ae stasventita faren caren, orerfel :- nea) args a7 eet aA ctearne eral a aE aoe ore eet ee ferach oct BS aE AME aH NA aod ofe eo aga gS Ter we woe ae uftfirr & fated fran orem 5 (o) veoh or wet a aA Reet Swe oh area wer SF eo A Te aa aeret wrafra dae Pray area Gat Re Pee 1a oaas @) A ere & ate waren tS eigen a7 eerat a& a aa ea S eet He career ag Bret RA oer ot aM, aT sepa Fle STAT | ere tren a waren restart A Pe fas eat A A anita 7, delta 4, asda ora ote onan a) anf fran ot we oite a Presta wera ah) Tees a eet oe age, Sern ote Pre oven ah aftrenferat Fa ae the ATTA ea" 12 gaa Prati & Far 13 & safiae 2) 6 argatey eee” wah S wrt w IR ee eee” ee a Gi) we (a) & weer Prefre eks skeet Frere, Fe = (ep are reer ame rr eee are a ia A a AH aHoreT pea erent ire ar Fea as (@ wate pit A qdadt ar arg, wala‘THE GAZETTE OF INDIA : EXTRAORDINARY [Pazr It-Sec. 300] a3, soa Premth Prat 15 eer Peer Phe afr cenftr Fre age ra = 46, a andere ere BY era Te WERT Se ETT at BER aS Rrra Rewere orran site ware, wea, Tater ote a, TI arity Ros, dared wor ote ona aa Plant agate oronfal site aren werent fa afd & ser 8 qa ore Pom tar a ae ges Teh wh arant TA BAS sierla a que a erawar ye ytenott te Haas aot & waiter eat TW ke crarmafetl at ote wae feed oert wy ae afthram & oni arin @ 1g @ sik fate fear na & & fore oods fear oT ae gaa Pra @ gorda 1 A rer a Svea, Prater mon sient Rear 14. eT ares a ater & safer flrg ara eH i [ovPaPram aft ere 9(1) (a) ate Pram 11(1) ate (ae) 2G] (1 arp eT a \ 2. ra ars: | 3. dedtayarg : | 4, Bret: 5. am wa @ eee Oe Grete wae S wy wre orga STH ore, ee at Pree FRAY RL ree Te HT a aH eHeTTA Y) rar are & Pry serenfriyarey eer a7 Prenferat wr eter vat & | a ee WH wm} aebgenetta Pant ged ga we vast aed & fr Ae ate Barra Hraftra H PAtEse Bea, fore carer Yer areas ae ier TAHT | ' % fora wW am ore 3(1) (@) & oehts aey aio FH ATTA aa aE é1 Grafts ae BA onto ar ogra eon} aftse af Pet ay were arqereh ot ce 3 Se ITB et att Suc, fered fore eye AR gee waar ar otk re a gent owe S fay ot ar Sees pronhita, oR ote watts aed ee ah catd Qe oTgaaH oy eT sp mrafira aero | gre eat & Pr gm eTeTeT Maal angen ey aA areeraren TE 8) 6 erreyarardiie vin (em) ae ag a ate aS srt at:(arr as 36) 3319 GI)-3 7. Ser Sas Ela: @ di) (iii) (et fare ora oat S are Tener ote Genera or eee ae Yaa Forse of aif st on wef) 8. ares & mer at yet (grr Pra 13 efx) | | qaar(artanl) ays eemeeysiqer Fert: seq Prt a wade 3 @ year Peaftfter soda siasenfte Par are, arena argentine wa wemerti @ fore Fw [Per afi) 2a] 4, BIHAR WT 2. art ara : 3, mete /aTee 4, frat: \ \5. ogy cranapsrunrTd = 7 Rat > ogafa aeronf eerajsrearererrs a Prareht aR aA : 6. Sieralt ar avi, Pirad oferta wae whe firs aw aie wanyermeic ¥. Te | fears eta AB: wer da bot ge wR wt ages mH dare a the, grestifta we om URRS wea a ads oe oF after wa & othe ae AE a) aye a wey, Rrra aR a ara a(t) (@) & ogre dar ata & fare anata Ga a Seerer ite aero Tea We eI ae, veered gad ga, aor & fey aie saat otk & GR steer we aan (any wnat) arqara (waerel) fay ew A aerate eerie es TAT (ata, ara, aa, Gh oh any @, A etfs ote PAAAese fava ae) a gf we & Py aT BTA ARS S|0 ‘THE GAZETTE OF INDIA : EXTRAORDINARY, [Parr Tee. 340] (wants a afteertyor a tere) (Pret serrata Gear siffrare) (Rion waTEy STE) BUTTS Sonttrs Rlote mega aed & Rg HT {fren 10(7) 28] Vet ST a | 2.) eral a rea | @)_ | mee aiften | owed fey WT eee ate ee oe ardga fee oe «aie ° see afta atigg ae 8 ore \ Wa PN | _— aig ora Ser isis ee o wiaiea aa YR on free @4) 2 athe a on 3(1)(@) & sia a7 aie 1 mora ofterat at ae | ame A eee A) —@ latest[arn 12s 30) : ems HTS = SAT ie ane) 8 ane F!- aa ait oat A TORT ofteat a gem Fe a mate (84) owe oa hero a) [rafter fey oT we site Pee are | wearer Pry so eS eager oH | sever aie a) [ord araere (ae aE €h) | 3 patarey tare 32) & ote | font &a L a) | ae ora Rafal aaa (rene) (weer ufera) aoa witty arited offer aay eet afte AAA IL rat # 23011/32/2010- (Fe 2)] SL aT Tad, aS oe Rory s ayer Perr are a TATA, STENT, am 2, ds 3, vss (i) 4 mah. 13) artes 1 ora, 2008 ener wemfera flog =e A | MINISTRY OF TRIBAL AFFAIRS NOTIFICATION ‘New Delhi, the 6th September, 2012 Gs. «64e)—WHEREAS the draft of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 were published, as required by sub-section (1) of section 14 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) under the notification of the Government of India in the Ministry of Tribal Affairs number G.S.R.578(E), dated the 19th July, 2012 in the Gazette of india, Part |i, Section 3, sub-section (j) of the same date, inviting objections and suggestions from all persons likely to be affected thereby, before the expiry of the period of thirty days from the date on which the copies of the Gazette containing the said notification are made available to the public;THE GAZETTE OF INDIA : EXTRAORDINARY [Pant Tee. 309] AND WHEREAS the copies of the said Gazette were made available to the public as on July 20, 2012. AND WHEREAS the objections and suggestions received from the public in respect of the said draft amendment rules have been duly considered by the Central Government, NOW, THEREFORE, in exercise of the powers conferred by sub-sections (1) and (2) of section 14 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2008 (2 of 2007), the Central Goverment hereby makes the following rules to amend the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rulés, 2008,namely:- 1. (1) These rules may be called the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012. (2) They shall come into force on the date of their publication in the Official Gazette . 2. In the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2008 (hereinafter referred to as the said rules), in rule 2, sub-rule (1) ,- (i) for clause (b), the following clause shall be substituted, namely :- ‘(b) “bona fide livelinood needs” means fulfiment of livelihood needs of self and ‘amily through exercise of any of the rights specified in sub-section (1) of section 3 of the Act and includes sale of surplus produce arising out of exercise of such tights: ; i) after clause ( c) , the following clauses shall be inserted namely:- ‘(ca) ‘community rights" means the rights listed in clauses (b), (c), (4), (e) (R). (i), Qs (&) and (1) of sub-section (1) of section 3; (iil) for clause (d), the following clause shall be substituted, namely :- ‘(d) “disposal of minor forest produce" under clause (c) of sub-section (1) of section 3 shall include right to sell as well as individual or collective processing, storage,(ort awe 3()] Se Ta: ANTE B value addition, transportation within and outside forest area through appropriate means of transport for use of such produce or sale by gatherers or their cooperatives or associations or federations for livelinood.’; J Explanation: (1) The transit permit regime in relation to transportation of minor forest produce shall be modified and given by the Committee constituted under clause (e) of sub-rule (1) of rule 4 or the person authorised by the Gram Sabha, (2) This procedural requirement of transit permit in no way shall restrict or abridge the tight to disposal of minor forest produce, (3) The collection of mindr forest produce shall be free of al royalties or fees or any other charges’; 3. In the said rules, after rule 2, the following rule shall be inserted, namely:- “2A. Identification of hamlets or settlements and process of their consolidation - ‘The State Government shall ensure that, - (@) every panchayat, within its boundaries, prepares a list of group of hamlets or habitations, unrecorded or unsurveyed settlements or forest villages or taungya villages, formally not part of any Revenue or Forest vilage record and hhave this list passed by convening Gram Sabha of each such habitation, hamlets or habitations included as villages for the purpose of the Act through a resolution in the Panchayat and submit such list to Sub Division Level Committee. (b) the Sub-Divisional Officers of the Sub Division Level Committee consolidate the lists of hamlets and habitations which at present are not part of any vilage but have been included as villages within the Panchayat through a resolution, and are formalised as a village either by adding to the existing village or otherwise after following the process as provided in the relevant State laws and that the lists are finalised by the District Level Committee after considering public comments, if any. (c) on finalisation of the lists of hamlets and habitations, the process of recognition and vesting of rights in these hamlets and habitations is undertaken without disturbing any rights, already recognized.” 3319bTa~YTHE GAZETTE OF INDIA : EXTRAORDINARY {Parr Sec. 3(i)] 4, Inthe said rule 3, - (2) in sub-rule (1) for the words “at least one-third members shall be the Scheduled Tribes”, the words “at least two-third members. shall be the Scheduled Tribes” shall be substituted; (b) after sub-rule (3) the following sub-rule shall be inserted, namely:- +6) The Forest Rights Committee shall not reopen the forest rights recognised or the process of verification of the claims already initiated before the date of coming into force of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendments Rules, 2012." 5: Inthe said rules, in rule 4, - (i) after clause (e), the following clause shall be inserted, namely:- () monitor and control the committee constituted under clause (e) which shall prepare a conservation and management plan for community forest resources in order to sustainably and equitably manage such community forest resources for the benefit of forest dwelling Scheduled Tribes and other Traditional Forest Dwellers and integrate such conservation and management plan with the micro plans or working plans or management plans of the forest department with such modifications as may be considered necessary by the committee. {@) approve all decisions of the committee pertaining to issue of transit permits, use of income from sale of produce, of modification of management plans. (i) for sub-rule (2), the following sub-rule shall be substituted, namely:- *(2) The quorum of the Gram Sabha meeting shall not be less than one-half of all members of such Gram Sabha: Provided that at least one-third of the members present shall be women: Provided further that where any resolutions in respect of claims to forest Tights are to be passed, at least fifty per cent of the claimants to forest rights or their representatives shall be present: Provided also that such resolutions shall be passed by a simple majority of those present and voting”. 6. In the said rules, in rule 6, for clause (|), the following clause shall be substituted, | namelyCarr Tare 30) Sra ATE: STE 7. 8. “()) ensure easy and free availability of proforma of claims to the claimants as provided in Annexure-| (Forms A, B and C) of these rules." In the said rules, in rule 8,- (i) in clause (g), the word “and”, shall be omitted; (i) in clause (h), at the end the word “and shall be inserted; (ii) after clause (h), the following clause shall be inserted, namely:- “() ensure that a certified copy of the record of the right to community forest resource and title under the Act, as specified in Annexure IV to these rules, is provided to the concerrled Gram Sabha or the community whose rights over community forest resource have been recognised under clause (i) of sub-section(1) of Section 3." In the said rules, in rule 10,- {i) for clause (c), the following clause shall be substituted, namely:- “(c) meet at least once in three months to monitor the process of recognition, verification and vesting of forest rights, consider and address the field level problems, and furnish a quarterly report in the format appended as Annexure V to these rules, to the Central Government on their assessment regarding the status of claims, the compliance with the steps required under the Act, details of claims approved, reasons for rejection, if any and the status of pending claims." (i) after clause (e), the following clause shall be inserted, namely:- “(® specifically monitor compliance of the provisions contained in clause (m) of sub- section(1) of section 3 and sub-section (8) of section 4.” In the said rules, in rule 11, in sub-rule(4), for the words and letter “community forest Tights in Form B" the words “community forest rights in Form B and the right over ‘community forest resource under clause (i) of sub-section (1) of Section 3 in Form C* shall be substituted. In rule 12 of the said rules, in sub-rule () after clause (e), the following clause shall be inserted, namely:- "(), delineate the customary boundaries of the community forest resource with other members of the Gram Sabha including elders who are well versed with such — boundaries and customary access;‘THE GAZETTE OF INDIA : EXTRAORDINARY [Par I—See. 340}, (@) prepare a community forest resource map with recognisable land marks and through substantial evidence as enumerated in sub-rule (2)of rule 13 and thereafter, such community forest resource claim shall be approved by a resolution of the Gram Sabha passed by a simple majority Explanation: The delineation of community forest resource may include existing legal boundaries such as reserve forest, protected forest, National Parks and Sanctuaries and such delineation shall formalize and recognise the powers of the ‘community in access, conservation and sustainable use of such community forest resources.” . Inthe said rules, after rule 12, the following rules shall be inserted, namely:- “12.A. Procoss of recognition of rights.- (1) On receipt of intimation from the Forest Rights Committee, the officials of the Forest and Revenue departments shall remain present during the verification of the claims and the verification of evidences on the site and shall sign the proceedings with their designation, date and comments, if any. (2) lfany objections are made by the Forest or Revenue departments at a later date to a claim approved by the Gram Sabha, for the reason that their representatives were absent during field verification, the claim shall be remanded to the Gram ‘Sabha for re-verification by the committee where objection has been raised and if the representatives again fail to attend the verification process the Gram Sabha's decision on the field verification shall be final (3) In the event of modification or rejection of a claim by the Gram Sabha or a recommendation for modification or rejection of a claim forwarded by the Sub- Divisional Level Committee to the District Level Committee, such decision or recommendation on the claim shall be communicated in person to the claimant to enable him to prefer a petition to the Sub-Divisional Level Committee or District Level Committee as the case may be, within a period of sixty days which shall be extendable to a period of thirty days at the discretion of the above said committees. (4) any other state agency desires to object to a decision of the Gram Sabha or[am es 341 re TE = SATE the Sub-Divisional Level Committee, it shall file an appeal before the ‘Sub-Divisional Level Committee or the District Level Committee, as the case may be, which shall be decided by the Committee (in the absence of the representative of the concerned agency, if any) after hearing the claimant, (5) No petition of the aggrieved person shall be disposed of, unless he has been given a reasonable opportunity to present anything in support of his claim (6) The Sub-Divisional Level Committee or the District Level Committee shall remand the claim to the Gram Sabha for re-consideration instead of modifying or in case the resolution or the recommendation of the Gram ional examination. rejecting the same, Sabha is found to be incomplete or prima-facie requires addi (7) In-cases where the resolution passed by the Gram Sabha, commencing @ claim, with supporting documents and evidence, is upheld by the Sub-Divisional Level Committee with or without modifications, but the same is not approved by the District Level Committee, the District Level Committee shall record detailed reasons for not accepting the recommendations of the Gram Sabha or the Sub-Divisional Level Committee as the case may be, in writing, and a copy of the order of the District Level Committee along with the reasons shall be made available to the claimant or the Gram Sabha or the Community as the case may be. (8) The land rights for self-cultivation recognised under clause (a) of sub-section (1) of section 3 shal be, within the specified fmt, including the forest lands used for allied activities ancillary to cultivation, such as, for keeping cat, for winnowing and ather post-harvest activities, rotational flows, ree crops and storage of produce (0) On completion of the process of settlement of rights and issue of tiles as specified in Annexure Il, Il and IV of these rues, the Revenue and the Forest departments shall prepare a final map of the forest land so vested and the concerned authorities shall incorporate the forest rights so vested in the revenue ‘and forest records, as the case may be, within the specified period of record updation under the relevant State laws or within a peri of three months, whichever is earlier. Ba GE)‘THE GAZETTE OF INDIA : EXTRAORDINARY ([Paxr See. 309) (10) All decisions of the Sub-Divisional Level Committee and District Level Committee that involve modification or rejection of a Gram Sabha resolution or recommendation of the Sub Divisional Level Committee shall give detailed reasons for such modification or rejection, as the case may be: Provided that no recommendation or rejection of claims shall be merely on any technical or procedural grounds: Provided further that no committee (except the Gram Sabha or the Forest Rights Committee) at the Block or Panchayat or forest beat or range level, or any individual officer of any rank shall be empowered to receive claims or reject, modify, or decide any claim on forest rights. (41) The Sub-Divisional Level Committee or the District Level Committee shall consider the evidence specified in rule 13 while deciding the claims and shall not insist upon any particular form of documentary evidence for consideration of a claim. Explanation: 1. Fine receipts, encroacher lists, primary offence reports, forest settlement reports, and similar documentation by whatever name called, arisen during prior official exercise, or the lack thereof, shall not be the sole basis for rejection of any claim. 2. The satelite imagery and other uses of technology may supplement other form of evidence and shall not be treated as a replacement, 42.B. Process of Recognition of Community Rights:- (1) The District Level Committee shall, in view of the differential vulnerability of Particularly Vulnerable ‘Tribal Groups as described in clause (e) of sub-section (i) of section 3 amongst the forest dwellers, ensure that all Particularly Vulnerable Tribal Groups receive habitat fights, in consultation with the concemed traditional institutions of Particularly Vulnerable Tribal Groups and their claims for habitat rights are filed before the ‘concerned Gram Sabhas, wherever necessary by recognizing floating nature of their Gram Sabhas (2) The District Level Committee shall facilitate the filing of claims by pastoralists, transhumant and nomadic communities as described in clause (d) of[ar are 30) wna TR: SATU ‘sub-section (i) of section 3 before the concerned Gram Sabhas. (3) The District Level Committee shall ensure that the forest rights under clause (i) of sub-section (1) of section 3 relating to protection, regeneration or conservation or management of any community forest resource, which forest dwellers might have traditionally been protecting and conserving for sustainable use, are recognized in all villages with forest dwellers and the titles are issued. (4) In case where no community forest resource rights are recognized in a village, the reasons for-the same shall be recorded by the Secretary of the District Level Committee. (6) The conversion of forest villages, unrecorded settlement under clause (h) of section 3 shall include the actual land-use of the village in its entirety, including lands required for current or future community uses, like, schools, health facilities and public spaces.” 42. Inrule 13 of the said rules, in sub-rule(2)- (i) for the words “Community Forest Rights” the words "Community Forest Resource” shall be substituted. (i) after clause (c) the following clauses shall be inserted, namely:- (@) government records or earlier classification of current reserve forest as protected forest or as gochar or other village common lands, nistari forests, (€) atier or current practice of traditional agriculture.” 43. After rule 15 of the said rules, the following rule shall be inserted, namely:_ “16, Post Claim support and handholding to holders of forest rights: The State Government shall ensure through its departments especially tribal and social welfare, environment and forest, revenue, rural development, panchayati raj and other departments relevant to upliftment of forest dwelling scheduled tribes and other traditional forest dwellers, that all government schemes including those relating to land improvement, land productivity, basic amenities and other livelinood measures are provided to such claimants and communities whose rights have beenTHE GAZETTE OF INDIA : EXTRAORDINARY [Parr tI—See. 3(0)] 14. recognized and vested under the Act. In the said rules, in Annexure-I, after Form B, the following Form shall be inserted, namely:- "FORM—C CLAIM FORM FOR RIGHTS TO COMMUNITY FOREST RESOURCE [See section 3(1)(i) of the Act and rule 11(1) and 4(a)] 1.Village/Gram Sabha: 2. Gram Panchayat: 3. Tehsil Taluka: 4, District: 5. Name(s) of members of the gram sabha [Attach as separate sheet, with status of ‘Scheduled Tribes/Other Traditional Forest Dwellers indicated next to each member, Presence of few Scheduled Tribes/ Other Traditional forest Dwellers is sufficient to make the claim. We, the undersigned residents of this Gram Sabha hereby resolve that the area detailed below and in the attached map comprises our Community Forest Resource over which we are claiming recognition of our forest rights under section 3(1)(I) {Attach a map of the community forest resource, showing location, landmarks within the traditional or customary boundaries of the village or seasonal use of landscape in the case of pastoral communities to which the community had traditional access and which they have been traditionally protecting, regenerating , conserving and managing for sustainable use. Please note that this need_not correspond to existing legal boundaries.) 6. Khasra / Compartment No.(s), if any and if known: 7. Bordering Villages: 0 Gi) (i) (This may also include information regarding sharing of resources and responsibilities with[mr Irae 3()] Nr BT TE: TATE any other villages.) 8. List of Evidence in Support (Please see Rule 13) Signature / Thumb impression of the Claimant(s): 15. __ In the said rules, after Annexure-Ill, the following Annexure shall be inserted, namely: “Annexure-IV TITLE TO COMMUNITY FOREST RESOURCES [See rule 8()] 1. Village/Gram Sabha: 2. Gram Panchayat: 3. Tehsil Taluka: 4. District: 5. Scheduled Tribe / Other Traditional Forest Dweller: Scheduled Tribes community / Other Traditional Forest Dwellers community / Both 6. Description of boundaries including customary boundary,"by prominent landmarks, and by khasra / compartment No: Within the said area, this community has the right to protect, regenerate or conserve or manage, and this (to be named) community forest resources which they have been traditionally protecting and conserving for sustainable used as per section 3(1)i) of the Act. No conditions are being imposed on this right other than those in the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act and the Rules framed thereunder. We, the undersigned, hereby, for and on behalf of the Government affix our signatures to confirm the community forest resource (to be named and ‘specified in extent, quantum, area, whichever is applicable) as mentioned in the Title to the above mentioned gram sabha/community(ies). (Divisional Forest Officer? ( District Tribal Welfare Officer) Balto GiTir-€‘THE GAZETTE OF INDIA : EXTRAORDINARY [Pare I—Sec. 309] ~ Deputy Conservator of Forests) (District Collector/ Deputy Commissioner)” Annexure -V Format for furnishing quarterly report [See Rule 10 (c)] Name of State ‘Status of Claims a) | Individual Rights ° Filed * Accepted * Rejected + Pending * Reasons for rejection with examples * Corrective measures suggested Any other observations: « Extent of forest land covered (in Ha.) © Status of updation of forest and revenue records under section 3(1)(a) of the Act (in Ha.) b) | Community Forest Rights * Filed ‘* Accepted + Rejected * Pending + Extent of forest land covered ‘+ Status of updation of forest and revenue record under Section =(arr 2 36)1 ene TAS: FATA BCA) (b) to 3(1)()) of the Act (in Ha.) ~ Reasons for rejections with example « Corrective measures suggested Any other observations ¢) Details of Community Forest Resource being managed and by whom ‘@ | Good Practices (if any) © | Area diverted under section 3(2) of the Act (in Ha.) @) | Any other Remarks ali (Chairinan) (Member Secretary) State Level Monitoring Committee Note: The principal rules were published in th Part ll, Section 3, Sub-section 2008. pred by the Manager, Goverment of nda Press, Ring State Level Monitoring Committee [F.No.23011/32/2010-(VoL.ID) Dr. SADHANA ROUT, Jt Secy. .e Gazette of India, Extraordinary, (i), vide number G.S.R. 1(E), dated the 1* January, ‘ayapari, New Deti-L1006¢ Road, tind rublshed by the Controller of Publications, DeIhi-11005%