4. Recognition of, and vesting of, forest rights 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 recognises and vests
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 their 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 complete 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 options, 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 individuals and communities given in the relevant laws and the policy 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;
6
(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 forest 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 forest 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 of forest land, except 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 forest 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.