Section 4 — Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes and other traditional forest dwellers.

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; 



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(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.