In exercise
of the powers conferred by sections 26, 32 and 76 of the Indian Forest Act,
1927 (XVI of 1927), in its application to the State of Maharashtra, and of all
other powers enabling it in this behalf, the Government of Maharashtra hereby
makes the following rules further to amend the Maharashtra Forest Rules, 2014,
as follows, namely:- These rules may be called the Maharashtra Forest
(Amendment) Rules, 2019. In rule 10 of the Maharashtra Forest Rules, 2014
(hereinafter referred to as "the Principal Rules"), in sub-rule (10),
an Explanation shall be deleted. "CHAPTER VI-A RECORDING OF FOREST RIGHTS UNDER THE
PROVISIONS OF THE SCHEDULE TRIBES AND OTHER TRADITIONAL FOREST DWELLERS
(RECOGNITION OF FOREST RIGHTS) ACT, 2006 AND DIVERSION OF FOREST LAND. (sec. 26 and 32) 30-A. Definitions- (1)
For the purposes of this Chapter and the Schedules referred therein,
unless the context requires otherwise- (a)
"District Level Committee" means the District Level Committee
constituted under subsection (5) of section 6 of the Forest Rights Act. (b)
" the Forests Rights Act" means the Schedule Tribes and other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of
2007) (2)
The words and expressions used in this Chapter and the Schedules
referred therein, but not defined herein, shall have the same meanings ad
respectively assigned to them in Forest Rights Act. 30-B. Recording of Forest Rights under the forests Act.-- Notwithstanding anything contained in rules 10 and 30,
the forest rights recognized and vested under the provisions of the Forest
Rights Act in the forest lands in the cases where the record of forest rights
are finally approved by the District-Level Committee on to the holders shall be
recorded and maintained as per the provisions contained in this Chapter. 30-C. Register of Individual Forest Rights.-- The Deputy Conservator of Forests shall maintain a
"Register of Individual Forest Rights" in the form provided in the
Schedule - F containing details of all forest rights recognized and vested by
the District Level Committee on to any person in the forests, lands under the
provisions of the Forest Rights Act. 30-D. Register of the Community Forest Rights.-- The Deputy Conservator of Forests shall maintain a
"Register of Community Forest Rights" in Schedule - G containing
details of all forest rights recognized and vested by District Level Committee
on to group of persons as the community forest rights in the forests lands
under the provisions of the Forest Rights Act. 30-E. Register of Use of Forest Rights of
Self-Cultivation.-- The Range Forest Officer, himself or through any other
subordinate officers, shall regularly monitor exercise of forest rights of
self-cultivation during each cultivation season, and record the observations in
a "Register of Use of Forest Rights of Self-Cultivation" in Schedule
- H. The Range Forest Officer shall submit comprehensive report on exercise of
forest rights during each cultivation season to the Deputy Conservator of
Forests. 30-F. Register of Rejected Claims of Forest Rights.-- The Deputy Conservator of Forests shall maintain a
"Register of Rejected claims of Forest Rights" in the form provided
Schedule-I containing details of all claims of forest rights rejected under
provisions of the Forest Rights Act. 30-G. Issuing copies of record of forest rights.-- The Range Forest Officer or any person not below the rank
of Accountant or Forester, if so authorised in this behalf by an officer
in-charge of the forests not below the rank of Deputy Conservator of Forests,
shall issue "Document of Forest Rights" in the form of provided in
the Schedule - J in accordance with the entries updated, from time to time, as
maintained in the registers prescribed in these rules to any holder of forest
rights on his application in writing. The Document of Forest Rights shall be
issued free of charge upto five copies in a financial year. 30-H. Transfer of Forest Rights by inheritance and
Register of Mutation therefor.-- (1)
If any forest right entered in any of the register prescribed in this
Chapter is to be transferred by inheritance as per the provisions of the Forest
Rights Act, the person inheriting the forest rights shall make application in
writing along with resolution passed by the Gram Sabha confirming the claim of
inheritance to the Range Forest Officer in charge of the forests. The
application shall be forwarded to the concerned authorised Assistant
Conservator of Forests for order of mutation of forest rights. (2)
The Chief Conservator of Forest/Conservator of Forests may authorise one
or more of the Assistant Conservators of Forests serving in the Forest Division
to pass such mutation orders in the Forest Division. (3)
All orders of mutation of forest rights shall be entered in
"Register of Mutation of Individual Forest Rights" in the form
provided in the Schedule - K or in "Register of Mutation of Community
Forest Rights" in the form provided in the Schedule L, as the case may be. (4)
The relevant entries in the registers maintained as per these rules
shall be duly updated in conformity with the mutation orders to incorporate
names of successor right holders and other relevant details in the said
registers. 30-I. Correction of mutation entries.-- Upon receipt of order of Court or succession certificate,
the mutation entries shall be promptly corrected as per the order of the Court
or succession certificate. 30-J Appeal.-- Any person aggrieved by an order of mutation passed by
Assistant Conservator of Forest under these Rules may prefer an appeal to the
Deputy Conservator of Forests. 30-K. Integral part of Register of Reserved and Protected
Forests.-- The Registers of forests rights maintained under this
Chapter shall be considered as an integral part of the Register of Reserved and
Protected Forests maintained by the Forest Division. 30-L. Diversion of Forest land for Amenities.-- The Deputy Conservator of Forests shall maintain a
"Register of Forest Land Diverted for amenities under the Forest Rights
Act" in the form provided in the Schedule-M wherein the details of
diversion of forests land as per the provisions of sub-section (2) of section 3
of the Forest Rights Act shall be recorded. 30-M. Diversion of Forest land under the Forest
(Conservation) Act 1980.-- The Deputy Conservator of Forests shall maintain a
"Register of Forest Land Diverted under the Forest (Conservation) Act
1980" the form provided in the Schedule - N wherein the details of
diversion of forest land as per the provisions of the Forest (Conservation)
Act, 1980 (69 of 1980) shall be recorded.". "1. Above form shall be filled on the basis of the
rights continued under clause (c) of sub-section (2) of section 15 of the
Indian Forest Act, 1927 (XVI of 1927) or any privileges granted by the State
Government. The exercise of these rights or privileges shall be subject to the
conditions specified therefor". After SCHEDULE "E" of the principal rules, the
following SCHEDULES shall be added, namely :-- " SCHEDULE - F (See rule 30- C) Register of
Individual Forest Rights. District:____________________
Forests Division: ____________________ Taluka:
____________________ Range: ____________________ Sr. No. Village (or
nearest village), Sheet No. of Survey of India 1:50,000 scale. Beat, legal
status and site reference of forest area (Compartment/Block/Survey No.). Order No.
and date of approval of Forest Rights. Name of
Forest right holders and 13 Digit code. Scheduled
Tribe/Other Traditional Dweller. Area of
forest rights granted (Ha.). (1) (2) (3) (4) (5) (6) (7) Purpose,
details, terms and conditions and remarks. Corner
latitude and longitude and standing trees (number) in area. Signature
with date of Forest Surveyor Signature
with date of Assistant Conservator of Forests. Mutation No.
and date; and entry No. in Register of Mutation of Forest Rights. Name(s) of
Successor right holders along with change in area, if any, and abstract of the
mutation order. Signature
with date of the officer who made entry of the mutation. (8) (9) (10) (11) (12) (13) (14) Verified by (periodically): Signature,
Date and Name of Deputy Conservator of Forests. Note: The
Deputy Conservator of Forests shall also maintain a comprehensive record of
supporting documents containing forest rights granted by the District-Level
Committee, boundary demarcation done by the Land Record Department and
geo-coded maps (digital and its print out duly authenticated) showing boundary
of forest area under reference and area of forest rights granted. This record
shall also include copy of subsequent mutation orders, and tree enumeration
list containing species, girth at BH (at 1.37 meter above ground) and general
condition of each enumerated tree. SCHEDULE - G (See rule 30- D) Register of
Community Forest Rights. District:____________________
Forests Division: ____________________ Taluka:
____________________ Range: ____________________ Sr. No. Village (or
nearest village), Sheet No. of Survey of India 1:50,000 scale. Beat, legal
status and site reference of forest area (Compartment/Block/Survey No.). Order No.
and date of approval of Forest Rights. Name of
Forest right holders and 13 Digit code. Scheduled
Tribe/Other Traditional Dweller. Area of
forest rights granted (Ha.). (1) (2) (3) (4) (5) (6) (7) Purpose,
details, terms and conditions and remarks. Corner
latitude and longitude and standing trees (number) in area. Signature
with date of Forest Surveyor. Signature
with date of Assistant Conservator of Forests. Mutation No.
and date; and entry No. in Register of Mutation of Forest Rights. Name(s) of
Successor right holders along with change in area, if any, and abstract of the
mutation order. Signature
with date of the officer who made entry of the mutation. (8) (9) (10) (11) (12) (13) (14) Verified by
(periodically): Signature,
Date and Name of Deputy Conservator of Forests. Note: The
Deputy Conservator of Forests shall also maintain a comprehensive record of
supporting documents containing forest rights granted by the District-Level
Committee, boundary demarcation done and geo-coded maps (digital and its print
out duly authenticated) showing boundary of forest area under reference and
area of forest rights granted. This record shall also include copy of
subsequent mutation orders, and species and girth class wise abstract of tree
enumeration list done jointly on sample basis for all trees having 15
centimeter or larger girth at BH (1.37 meter above ground). SCHEDULE - H (See rule 30- E) Register of
Use of Forest Rights of Self-Cultivation District:____________________
Forests Division: ____________________ Taluka:
____________________ Range: ____________________ Sr. No. Year and
season. Village (or
nearest village). Schedule F
Register's Entry No. Beat, legal
status and site reference of forest area (Compartment/Block/Survey No.). Name of
Forest right holders and 13 Digit code. Area of
forest rights granted (Ha.). (1) (2) (3) (4) (5) (6) (7) Crop raised:
self cultivation. Dry Crop
(Ha. R). Irrigated
(Ha. R). Means of
Irrigation. Use other
than self-cultivation. Area of
other use (Ha. R). Remarks and
deviations, if any. Signature of
Forester/Range accountant. (8) (9) (10) (11) (12) (13) (14) Verified by
(periodically): Signature,
Date and Name of Range Forest Officer. Note: The
Range Forest Officer shall also maintain a comprehensive record of supporting documents. SCHEDULE - I (See rule 30- F) Register of
Rejected claims under the Scheduled Tribes and Other Traditional Forest
Dwellers (Recognition
of Forest Rights) Act, 2006 (2 of 2007). District:____________________
Forests Division: ____________________ Taluka:
____________________ Range: ____________________ Sr. No. Village (or
nearest village), Sheet No. of Survey of India 1:50,000 scale. Beat, legal
status and site reference of forest area (Compartment/Block/Survey No.). Order No.
and date of approval of Forest Rights. Name of
Forest Right Holders and 13 Digit code. Scheduled
Tribe/Other Traditional Dweller. Area of
forest rights granted (ha.). (1) (2) (3) (4) (5) (6) (7) Signature
with date of Forest Surveyor. Area (ha.)
in possession of claimant(s) on the date of the rejection order. Date of
recording claimant(s) voluntarily leaving area. Date of
starting eviction from the forests including court cases. Signature
with date of Assistant Conservator of Forests. Date of
completing eviction from the forests. Signature
with date and remarks of Assistant Conservator of Forests. (8) (9) (10) (11) (12) (13) (14) Verified by
(periodically) Signature,
Date and Name of Deputy Conservator of Forests. Note : The
Deputy Conservator of Forests shall also maintain a comprehensive record of
supporting documents containing the order of rejection of the claims submitted
under the Schedule Tribes and Other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 and geo-coded maps (digital and its print out duly
authenticated) showing boundary of forest area under reference and area of
forest rights granted. SCHEDULE - J (See rule 30- G) Document of
Forest Rights District
:-________________ Forests Division :-__________________ Taluka :-
______________________ Range :- _________________ Village or
the nearest village :-________________________ Beat :-_________________ Date of
Issue :- ______________________ 1. Legal
status of forests :- 2. Site
reference of forests (Compartment/Block/Survey
No.) :- 3. (a) Area
of forest Rights for self Cultivation :- ---Ha.
R./sq. meter. (b) Area of
forest Rights for habitation :- ---Ha.
R./sq. meter. (c) Other
area for forest rights: specify the purpose :- ---Ha.
R./sq. meter. (d) Total :- ---Ha.
R./sq. meter. (e) Purpose
of Forest Rights in 3(c) above 4.
Government Forests owned by Maharashtra Forest Department :- 5.
Forest Right Holder's Name(s) and 13 Digit code (as on date of issue) :- 6.
Forest rights granted vide order No. and date :- 7.
SCHEDULE-F Register's Entry No. (all entries) :- 8.
SCHEDULE-J Register's Entry No. (all entries) :- 9. Other
encumbrances and rights :- 10. Areas of
forest rights remain forests owned by the Forest Department :- Record of
Crops Year and
season Crop raised:
self cultivation. Dry Crop
(Ha. R.). Irrigated
(Ha. R.). Means of
Irrigation Use other
than cultivation. Area of
other usage (Ha. R.). Remarks and
deviations, if any. (1) (2) (3) (4) (5) (6) (7) (8) Seal Name and
Signature Range Forest Officer or Authorized Forest Officer. SCHEDULE - K [See rule 30-H (3)] Register of
Mutation of Individual Forest Rights. District:-
______________________________Forests Division:-___________________ Taluka:-
_________________________Range:-__________________ Sr. No. Village (or
nearest village), Sheet No. of Survey of India 1:50,000 scale. Beat, legal
status and site reference of forest area (Compartment/Block/Survey No.) Order No.
and date of approval of Forest Rights Name of
Forest right holders and 13 Digit Code. Scheduled
Tribe/Other Traditional Dweller Area of
forest rights granted (ha.) (1) (2) (3) (4) (5) (6) (7) Sr. No. in
Register of Forest right holder Schedule -F. Mutation
Order No. Date of
mutation Order Name of
successor right holder(s). Area of
forest rights to successor right holder(s). Abstract of
Mutation order including legal encumbrances, if any. Signature
with date of officer authorized to approve mutation. (8) (9) (10) (11) (12) (13) (14) Verified by
(periodically): Signature,
Date and Name of Deputy Conservator of Forests. Note.-- The
Deputy Conservator of Forests shall also maintain a comprehensive record of
supporting documents pertaining to transfer of forest rights such as
application for inheritance, succession certificate, resolution of Gram Sabha
and the mutation order including relevant map. SCHEDULE - L [See rule 30- H (3)] Register of
Mutation of Community Forest Rights. District:-
______________________________Forests Division:-___________________ Taluka:-
_________________________Range:-__________________ Sr. No. Village (or
nearest village), Sheet No. of Survey of India 1:50,000 scale. Beat, legal
status and site reference of forest area (Compartment/Block/Survey No.). Order No.
and Date of approval of Forest Rights. Name of
Forest right holders and 13 Digit Code. Scheduled
Tribe/Other Traditional Dweller. Area of
forest rights granted (ha.). (1) (2) (3) (4) (5) (6) (7) Sr. No. in
register of Forest right holder Schedule -F. Mutation
Order No. Date of
Mutation order. Name of
successor right holder(s). Area of forest
rights to successor right holder(s). Abstract of
Mutation Order including legal encumbrances, if any. Signature
with date of officer authorized to approve Mutation. (8) (9) (10) (11) (12) (13) (14) Verified by
(periodically), Signature,
Date and Name of Deputy Conservator of Forests. Note.-- The
Deputy Conservator of Forests shall also maintain a comprehensive record of
supporting documents pertaining to transfer of forest rights such as
application for inheritance, succession certificate, resolution of Gram Sabha
and the mutation order including relevant map. SCHEDULE - M [See rule 30- L] Register of
Forest Land Diverted for Amenities under the Scheduled Tribes and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007). District:-_______________________
Forests Division :-___________________ ID No. Taluka Range Village Survey
No/Gut No. Area
Diverted Order No. and Date By Whom Agency Purpose Remarks Initial (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) Verified by
(periodically), Signature,
Date and Name Deputy Conservator of Forests. SCHEDULE - N [See rule 30- M] Register of
Forest Land Diverted under the Forest (Conservation) Act, 1980 (69 of 1980). District:-_______________________
Forests Division :-___________________ ID No. Taluka Range Village Survey
No/Gut No. Area
diverted Government
of Maharashtra Order No. and Date Government
of India approval No. and Date Agency Purpose Remarks Initial (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12)" Verified by
(periodically) Signature,
Date and Name Deputy Conservator of Forests.MAHARASHTRA
FOREST (AMENDMENT) RULES, 2019
PREAMBLE