(1) In these rules, unless the context otherwise requires,- a) “Act” means the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007);
b) “bona fide livelihood needs” means fulfilment of livelihood needs of self and family 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 rights;’3 c) “claimant” means an individual, group of individuals, family or community making a claim for recognition and vesting of rights listed in the Act;
‘(ca) “community rights” means the rights listed in clauses (b), (c), (d), (e), (h), ( i) , (j), (k) and ( l) of subsection (1) of section 3 4 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, 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 livelihood;
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 authorized by the Gram Sabha,
(2) This procedural requirement of transit permit in no way shall restrict or abridge the right to disposal of 2 Note that these Rules have been substantially amended by 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) 3 Substituted by Rule 2(1) 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) # Rule 2(1) (b) “bonafide livelihood needs” means fulfillment of sustenance needs of self and family through production or sale of produce resulting from self-cultivation of forest land as provided under clauses (a), (c) and (d) of sub-section (1) of section 3 of the Act;
4 Inserted by Rule 2 (ii) 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) minor forest produce,
(3) The collection of minor forest produce shall be free of all royalties or fees or any other charges’5 e) “Forest Rights Committee” means a committee constituted by the Gram Sabha under rule 3;
f) “section” means the section of the Act
(2) The words and expressions used and not defined in these rules but defined in the Act, shall have the meanings respectively assigned to them in the Act.
2A. Identification of hamlets or settlements and process of their consolidation - The State Government shall ensure that, -
(a) 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 village record and have 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 village 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. 6 5 Substituted by Rule 2(iii) 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) # Rule 2(1)(d) “disposal of minor forest produce” under clause (c) of sub-section (1) of section 3 of the Act shall include local level processing, value addition, transportation in forest area through head-loads, bicycle and handcarts for use of such produce or sale by the gatherer or the community for livelihood;
6 Inserted by Rule 3 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)