The Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Rules, 2007
13. Evidence for determination of forest rights.-
(1) The evidence for recognition and vesting of forest rights shall, inter alia, include -
(a) public documents, Government records such as Gazetteers, Census, survey and settlement reports, maps, satellite imagery, working plans, management plans, micro-plans, forest enquiry reports, other forest records, record of rights by whatever name called, pattas or leases , reports of committees and commissions constituted by the Government, Government orders, notifications, circulars, resolutions;
(b) Government authorised documents such as voter identity card, ration card, passport, house tax receipts, domicile certificates;
(c) physical attributes such as house, huts and permanent improvements made to land including levelling, bunds, check dams and the like;
(d) quasi-judicial and judicial records including court orders and judgments;
(e) research studies, documentation of customs and traditions that illustrate the enjoyment of any forest rights and having the force of customary law, by reputed institutions, such as Anthropological Survey of India;
(f) any record including maps, record of rights, privileges, concessions, favours, from erstwhile princely States or provinces or other such intermediaries;
(g) traditional structures establishing antiquity such as wells, burial grounds, sacred places;
(h) genealogy tracing ancestry to individuals mentioned in earlier land records or recognized as having been legitimate resident of the village at an earlier period of time;
(i) Statement of elders other than claimants, reduced in writing.
(2) An evidence for "Community Forest Resource"21 inter alia, include -
(a) community rights such as nistar by whatever name called;
(b) traditional grazing grounds; areas for collection of roots and tubers, fodder, wild edible fruits and other minor forest produce; fishing grounds; irrigation systems; sources of water for human or livestock use, medicinal plant collection territories of herbal practitioners;
(c) remnants of structures built by the local community, sacred trees, groves and ponds or riverine areas, burial or cremation grounds;
(d) Government records or earlier classification of current reserve forest as protected forest or as gochar or other village common lands, nistari forests
(e) Earlier or current practice of traditional agriculture."22
(3) The Gram Sabha, the Sub-Divisional Level Committee and the District Level Committee shall consider more than one of the above-mentioned evidences in determining the forest rights.
21 Substituted by Rule 12(i) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 ( vide Notification No G.S.R. No. 669 (E).dated 6th September,2012) # Rule 13 "community forest rights"
22 Inserted by Rule 12 (2) of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Amendment Rules, 2012 (vide Notification No G.S.R. No. 669 (E).dated 6th September,2012)
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