(1) Any person aggrieved by the decision of the Sub-Divisional Level Committee may within a period of sixty days from the date of the decision of the Sub-Divisional Level Committee file a petition to the District Level Committee.
(2) The District Level Committee shall fix a date for the hearing and intimate the petitioner and the concerned Sub-Divisional Level Committee in writing as well as through a notice at a convenient public place in the village of the petitioner at least fifteen days prior to the date fixed for the hearing.
(3) The District Level Committee may either allow or reject or refer the petition to concerned Sub- Divisional Level Committee for its reconsideration.
(4) After receipt of such reference, the Sub-Divisional Level Committee shall hear the petitioner and the Gram Sabha and take a decision on that reference and intimate the same to the District Level Committee.
(5) The District Level Committee shall then consider the petition and pass appropriate orders, either accepting or rejecting the petition.
(6) The District Level Committee shall send the record of forest rights of the claimant or claimants to the District Collector or District Commissioner for necessary correction in the records of the Government.
(7) In case there is a discrepancy between orders of two or more Sub-Divisional Level Committees, the District Level Committee on its own, shall call for a joint meeting of the concerned Sub-Divisional Level Committees with a view to reconcile the differences and if no mutually agreed solution can be reached, the District Level Committee shall adjudicate the dispute after hearing the concerned Sub-Divisional Level Committees and pass appropriate orders
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 livelihood measures are provided to such claimants and communities whose rights have been recognized and vested under the Act. 23 23 Inserted by Rule 13 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 ( vide Notification No G.S.R. No. 669 (E).dated 6th September,2012) Dr. Bachittar Singh, Joint Secretary [ F. No.17014/ 02/ 2007–PC&V (Vol.VII) ] The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 Government of India Ministry of Tribal Affairs ……………………….
[F.No. 23011/32/2010-(Vol. II ) ] Dr. Sadhana Rout, Joint Secretary The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 ANNEXURE - I [See rule 6(l)] FORM – A CLAIM FORM FOR RIGHTS TO FOREST LAND [See rule 11(1)(a)]
1. Name of the claimant (s):
2. Name of the spouse
3. Name of father/ mother
4. Address:
5. Village:
6. Gram Panchayat:
7. Tehsil/ Taluka:
8. District:
9. (a) Scheduled Tribe : Yes/ No (Attach authenticated copy of Certificate)
(b) Other Traditional Forest Dweller: Yes/ No (If a spouse is a Scheduled Tribe (attach authenticated copy of certificate)
10. Name of other members in the family with age:
(including children and adult dependents) Nature of claim on land:
1. Extent of forest land occupied a. for habitation b. for self-cultivatio, if any:
(See Section 3 (1) (a) of the Act)
1. disputed lands if any:
(See Section 3(1)(f) of the Act)
2. Pattas/ leases/ grants, if any:
(See Section 3(1)(g) of the Act)
3. Land for in situ rehabilitation or alternative land, if any:
(See Section 3(1)(m) of the Act)
4. Land from where displaced without land compensation:
(See Section 4(8) of the Act)
5. Extent of land in forest villages, if any:
(See Section 3(1)(h) of the Act)
6. Any other traditional right, if any:
(See Section 3(1)(l) of the Act)
7. Evidence in support:
(See Rule 13)
8. Any other information:
Signature/ Thumb Impression of the Claimant(s):
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 Government of India Ministry of Tribal Affairs FORM – B CLAIM FORM FOR COMMUNITY RIGHTS [See rule 11(1)(a) and (4)]
1. Name of the claimant(s):
a. FDST community: Yes/ No b. OTFD community: Yes/ No
2. Village:
3. Gram Panchayat:
4. Tehsil/ Taluka:
5. District:
Nature of community rights enjoyed:
1. Community rights such as nistar, if any:
(See Section 3(1)(b) of the Act)
2. Rights over minor forest produce, if any:
(See Section 3(1)(c) of the Act)
3. Community rights a. Uses or entitlements (fish, water bodies), if any:
b. Grazing, if any c. traditional resource access for nomadic and pastoralist, if any:
(See Section 3(1)(g) of the Act)
4. Community tenures of habitat and habitation for PTGs and pre-agricultural communities, if any:
(See Section 3 (1)(e) of the Act)
5. Right to access biodiversity, intellectual property and traditional knowledge, if any:
(See Section 3 (1)(k) of the Act)
6. Other traditional right, if any:
(See Section 3(1)(l) of the Act)
7. Evidence in support:
(See Rule 13)
8. Any other information Signature / Thumb Impression of the Claimant (s):
The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007 Government of India Ministry of Tribal Affairs 24 Inserted by Rule 14 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 ( vide Notification No G.S.R. No. 669 (E).dated 6th September,2012) "FORM – C24 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:
(i)
(ii) The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 Government of India Ministry of Tribal Affairs
(iii) (This may also include information regarding sharing of resources and responsibilities with any other villages.)
8. List of Evidence in Support (Please see Rule 13) Signature / Thumb impression of the Claimant(s):
ANNEXURE – II [See rule 8(h)] TITLE FOR FOREST LAND UNDER OCCUPATION
1. Name(s) of holder (s) of forest rights (including spouse):
2. Name of the father/ mother:
3. Name of dependents:
4. Address:
5. Village/gram sabha:
6. Gram Panchayat:
7. Tehsil/ Taluka:
8. District:
9. Whether Scheduled Tribe or Other Traditional Forest Dweller
10. Area:
11. Description of boundaries by prominent landmarks including khasra/ compartment No: This title is heritable, but not alienable or transferable under sub section (4) of section 4 of the Act.
We, the undersigned, hereby, for and on behalf of the Government of (Name of the State)…………affix our signatures to confirm the above forest right.
Divisional Forest Officer/ District Tribal Welfare Officer Deputy Conservator of Forests District Collector/ Deputy Commissioner ANNEXURE – III [See rule 8(h)] TITLE TO COMMMUNITY FOREST RIGHTS
1. Name(s) of the holder (s) of community forest right:
2. Village/ Gram Sabha:
3. Gram Panchayat:
4. Tehsil/ Taluka:
5. District:
6. Scheduled Tribe/ Other Traditional Forest Dweller:
7. Nature of community rights:
8. Conditions if any:
9. Description of boundaries including customary boundary and/or by prominent landmarks including khasra/ compartment No:
Name(s) of the holder (s) of community forest right:
1.………………………… 2…………………………..
3…………………………..
We, the undersigned, hereby, for and on behalf of the Government of (Name of the State)…………affix our signatures to confirm the forest right as mentioned in the Title to the above mentioned holders of community forest rights.
Divisional Forest Officer/ District Tribal Welfare Officer Deputy Conservator of Forests District Collector/ Deputy Commissioner Annex IV25 TITLE TO COMMUNITY FOREST RESOURCES [See rule 8(i)]
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) Deputy Conservator of Forests) (District Collector/ Deputy Commissioner)” 25 Inserted by Rule 15 of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 ( vide Notification No G.S.R. No. 669 (E).dated 6th September,2012)