Forest Land Diversion under FRA Section 3(2): Approval Process

Procedure for Diversion of Forest Land under FRA Section 3(2): Complete Approval Process

The Ministry of Tribal Affairs, Government of India, issued detailed guidelines on 18.05.2009 for the diversion of forest land under Section 3(2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. These guidelines simplify the approval process for small Government-managed public utility projects while safeguarding the rights of forest-dwelling communities.

The procedure applies only to eligible Government facilities and ensures that forest land is diverted in a transparent and legally compliant manner with the recommendation of the Gram Sabha.

---

What is Forest Rights Act Section 3(2) for Forest Land Diversion?

Section 3(2) of the Forest Rights Act, 2006 allows diversion of forest land for specified Government-managed public facilities without following the normal approval procedure under the Forest (Conservation) Act, 1980, provided all prescribed conditions are fulfilled.

The objective is to facilitate essential rural infrastructure while protecting forest rights and ensuring community participation.

---

Eligibility Conditions for Diversion of Forest Land under FRA Section 3(2)

Forest land diversion is permitted only if all the following conditions are satisfied:

• Forest land required is less than one hectare for each project.
• Tree felling does not exceed 75 trees per hectare.
• The proposal is recommended by the concerned Gram Sabha.
• The project is managed by a Central Government Department, State Government Department or District Panchayat.
• The diversion is exclusively for facilities specified under Section 3(2) of the Forest Rights Act.

---

Government Facilities Eligible for Forest Land Diversion under FRA 2006

Section 3(2) covers Government-managed public utility projects such as:

• Schools
• Anganwadi Centres
• Dispensaries
• Fair Price Shops
• Drinking Water Supply
• Minor Irrigation Canals
• Rural Roads
• Community Centres
• Communication Infrastructure
• Non-Conventional Energy Sources
• Other facilities notified under the Act.

---

Step-by-Step Procedure for Diversion of Forest Land under FRA Section 3(2)

Step 1 – User Agency Proposal in Form A

The User Agency prepares Form A containing:

• Project details
• Forest land requirement
• Survey/Compartment Number
• Location map
• Justification
• Tree felling details
• Compensatory plantation proposal

The proposal is then placed before the Gram Sabha.

---

Step 2 – Gram Sabha Approval for Forest Land Diversion

The Gram Sabha considers the proposal in its general meeting.

Important requirements include:

• Minimum 50% quorum.
• Adoption of a resolution recommending or rejecting the proposal.
• Copy of the resolution attached with Form A.

Without Gram Sabha recommendation, the proposal cannot proceed further.

---

Step 3 – Submission of Proposal to the Range Forest Officer (RFO)

After Gram Sabha approval, the User Agency submits:

• Form A
• Gram Sabha Resolution
• Supporting documents

to the concerned Range Forest Officer (RFO).

---

Step 4 – Site Inspection and Recommendation by the Range Forest Officer

The Range Forest Officer:

• Conducts field inspection.
• Verifies forest land details.
• Examines environmental suitability.
• Records observations in Form B.

The proposal along with the inspection report is forwarded to the Divisional Forest Officer within three weeks.

---

Step 5 – Divisional Forest Officer (DFO) Approval Process

The Divisional Forest Officer examines:

• Site inspection report
• Gram Sabha recommendation
• Eligibility under Section 3(2)

If satisfied, the DFO grants approval within four weeks.

---

Step 6 – Demarcation and Handover of Forest Land

After approval:

• The RFO demarcates the approved forest land.
• The land is handed over to the User Agency.
• The Gram Sabha supervises the handover process.

---

Step 7 – District Level Committee Decision in Case of Rejection

If the DFO does not approve the proposal:

• The proposal is forwarded to the District Level Committee (DLC).
• The Committee considers the matter.
• A final decision is taken with at least one-third quorum.
• If approved, records and maps are corrected accordingly.

---

Step 8 – Conditions After Approval of Forest Land Diversion

Approval is subject to important conditions:

• The diverted land cannot be used for any purpose other than the approved project.
• If work does not commence within one year, the land reverts to the Forest Department.
• The User Agency must undertake compensatory plantation as committed.

---

Monitoring and Reporting Process under FRA Section 3(2)

The procedure also establishes a monitoring mechanism.

• The DFO submits quarterly reports to the State Nodal Officer.
• The State Nodal Officer consolidates the information.
• Reports are forwarded to the Tribal Welfare Department.
• Consolidated reports are submitted to the Ministry of Tribal Affairs and the Ministry of Environment, Forest and Climate Change.
• Progress is continuously monitored by the State Nodal Officer.

---

Form A for Forest Land Diversion under Forest Rights Act

Form A is submitted by the User Agency and contains:

• Project description
• Forest land details
• Survey/Compartment Number
• Forest Division
• Area required
• Location map
• Number of trees proposed for felling
• Plantation proposal
• Gram Sabha Resolution

---

Form B for Forest Land Diversion under FRA Section 3(2)

Form B is prepared by the Range Forest Officer and contains:

• Site inspection report
• Forest Division details
• Area proposed for diversion
• Protected area status
• Recommendation for approval or rejection
• Best alternative option

The Divisional Forest Officer records the final decision on the proposal.

---

Key Provisions of Forest Rights Act Section 3(2) for Forest Land Diversion

• Applicable only to Government-managed public facilities.
• Maximum forest land allowed is less than one hectare.
• Tree felling cannot exceed 75 trees per hectare.
• Gram Sabha recommendation is mandatory.
• RFO conducts field inspection.
• DFO grants approval.
• DLC decides cases where proposals are not approved by the DFO.
• Diverted land cannot be used for any other purpose.
• Unused land returns to the Forest Department after one year.

---

Frequently Asked Questions (FAQs) on Forest Land Diversion under FRA Section 3(2)

Q1. What is the maximum forest land that can be diverted?

Less than one hectare for each eligible project.

Q2. Is Gram Sabha approval mandatory?

Yes. No proposal can proceed without a recommendation of the concerned Gram Sabha.

Q3. Who grants approval?

The Divisional Forest Officer (DFO). If the DFO does not approve the proposal, the District Level Committee takes the final decision.

Q4. How many trees can be felled?

Not more than 75 trees per hectare.

Q5. What happens if the project is not started?

If the approved activity does not commence within one year of handing over the land, the diverted land reverts to the Forest Department.

---

Conclusion: Forest Land Diversion Approval Process under Forest Rights Act 2006

The guidelines issued by the Government of India on 18.05.2009 provide a clear, transparent and community-based mechanism for diversion of forest land under Section 3(2) of the Forest Rights Act, 2006. By making the Gram Sabha an integral part of the approval process and clearly defining the roles of the User Agency, Range Forest Officer, Divisional Forest Officer and District Level Committee, the procedure ensures that essential Government infrastructure can be developed while safeguarding forest rights and conserving forest resources.