Procedure for Diversion of

Forest Land for Non-Forest

purposes under Section 3(2)
of the Forest Rights Act,
2006
5th August 2015
Tribal Cultural Research and
Training Institute
Hyderabad

Facilities Managed by
Government
Community
Centers
Tanks and
minor
water
bodies
Drinking
Water
Supply
Minor
Irrigation
Canal

Electric or
Telecommunication Lines
Non-conventional source of
Energy
Skill Upgradation or
Vocational Training Centers
Road
Water or Rain Water
Harvesting Structures

Developmental Facilities
Conditionalities for
Diversion of Forest Land
under Section 3(2):
Extent of Land shall be one
or less than one hectare in
each case
If requires felling of trees
than maximum 75 trees can
be felled per hectare
Gram Sabhas approval/
recommendation is
mandatory

Guideline on Procedure of Diversion

Ministry of Tribal Affairs
has issued a precise
guideline on 18th May 2009
for diversion of forest land
for developmental purpose
as specified under Sec. 3
(2) of the Act, 2006
Definitions Part
Submission of the
proposal for seeking
approval
2 set of Forms

Definitions
User Agency:
Any Department of the
State government
Any Department of the
Central Government
District Panchayat (ZP)

Nodal Officer:
Not below the rank of CF,
authorized by the State
Govt. to deal with matters
relating to diversion of
forest land under the Act

STEP
1
Preparation of
Project Proposal
as per the
prescribed Form
by User Agency

STEP
2

50%
Quorum

Call for Gram Sabha

Sharing of contents of Project proposal
with members of Gram Sabha
Adoption of Resolution

STEP
3
Submission of
Project Proposal by
User Agency to
concerned Range
Forest Office
Documents to be
submitted:
FORM A
Resolution of Gram
Sabha

STEP
4
Site Inspection and
submission of report to
DFO by Range Officer
within 3 weeks from
the date of receipt of
complete proposal from
the User Agency
Documents to be
submitted to DFO:
FORM B
Copy of Complete
Project Proposal

STEP
5
Consideration of
proposal by DFO
within 4 weeks
from the date of
receipt of the
proposal from
Range Forest
Officer

If, YES
Accord her/his Approval
and communicate her/his
decision to the Range
Forest Officer with a copy
to the Chairperson of
District Level Committee

STEP
6

Concerned Range Forest

Officer demarcate the area
and hand over to User
Agency and also correct
RoR
Demarcation has to be
carried out under
supervision of Gram
Sabha

If NO
Forward the proposal
to the District Level
Committee for final
decision

District Level
Committee will meet
and take final decision
and convey its
decision to DFO (1/3rd
Quorum required)

Post Approval
Project work needs to be initiated within ONE
YEAR of handing over the land to USER agency
User Agency can not use the approved forest land
for any other purpose
The concerned DFO will submit a quarterly report
of approvals to Nodal Officer
Nodal officer will submit the consolidated
information quarterly to the Secretary, Tribal
Welfare Department who will, in turn send the
consolidated report to the MoTA and MoEF

Important matters related to

Section 3(2) of the Act
It is not coming under ambit of Community Rights
No Titles would be issued to any Gram Sabha as
issued for IFR, CR & CFR.
No clearance is required from MoEF as required
for other projects [Net Present Value (NPV),
Compensatory Afforestation etc.]
Honble Supreme Court judgement under
Godavarman case in regards to diversion of forest
land is not applicable for section 3(2)

Thanks
Any Questions or
Clarifications