THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS 
(RECOGNITION OF FOREST RIGHTS) ACT, 2006 
__________ 

ARRANGEMENT OF SECTIONS 
________ 
CHAPTER 1 

PRELIMINARY 

SECTIONS 

1.  Short title, extent and commencement. 
2.  Definitions. 

CHAPTER II 

FOREST RIGHTS 

3.  Forest rights of Forest dwelling Scheduled Tribes and other tradional forest dwellers. 

CHAPTER III 

RECOGNITION, RESTORATION AND VESTING OF FOREST RIGHTS AND RELATED MATTERS 
4.  Recognition of, and vesting of, forest rights in forest dwelling Scheduled Tribes and other 

traditional forest dwellers. 

5.  Duties of holders of forest rights. 

CHAPTER IV 

AUTHORITIES AND PROCEDURE FOR VESTING OF FOREST RIGHTS 
6.  Authorities to vest forest rights in forest dwelling Scheduled Tribes and other traditional forest 

dwellers and procedure thereof. 

CHAPTER V 

OFFENCES AND PENALTIES 

7.  Offences by members or officers of authorities and Committees under this Act. 
8.  Cognizance of offences. 

CHAPTER VI 

MISCELLANEOUS 

9.  Members of authorities, etc., to be public servants. 
10.  Protection of action taken in good faith. 
11.  Nodal agency. 
12.  Power of Central Government to issue directions. 
13.  Act not in derogation of any other law. 
14.  Power to make rules. 

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THE SCHEDULED TRIBES AND OTHER TRADITIONAL FOREST DWELLERS 
(RECOGNITION OF FOREST RIGHTS) ACT, 2006 
ACT NO. 2 OF 2007 

[29th December, 2006.]  
An  Act  to  recognise  and  vest  the  forest  rights  and  occupation  in  forest  land  in  forest  dwelling 
Scheduled Tribes and other traditional forest dwellers who have been residing in such forests 
for  generations  but  whose  rights  could  not  be  recorded;  to  provide  for  a  framework  for 
recording the forest rights so vested and the nature of evidence required for such recognition 
and vesting in respect of forest land. 
WHEREAS the recognised rights of the forest dwelling Scheduled Tribes and other traditional forest 
dwellers  include  the  responsibilities  and  authority  for  sustainable  use,  conservation  of  biodiversity  and 
maintenance of ecological balance and thereby strengthening the conservation regime of the forests while 
ensuring livelihood and food security of the forest dwelling Scheduled Tribes and other traditional forest 
dwellers; 

AND WHEREAS the forest rights on ancestral lands and their habitat were not adequately recognised in 
the consolidation of State forests during the colonial period as well as in independent India resulting in 
historical injustice to the forest dwelling Scheduled Tribes and other traditional forest dwellers who are 
integral to the very survival and sustainability of the forest ecosystem; 

AND WHEREAS it has become necessary to address the long standing insecurity of tenurial and access 
rights of forest dwelling Scheduled Tribes and other traditional forest dwellers including those who were 
forced to relocate their dwelling due to State development interventions. 

BE it enacted by Parliament in the Fifty-seventh Year of the Republic of India as follows:– 

CHAPTER 1 
PRELIMINARY 

1.  Short  title,  extent  and  commencement.–(1)  This  Act  may  be  called  the  Scheduled  Tribes  and 

Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006. 

(2) It extends to the whole of India 1***. 
(3)  It  shall  come  into  force  on  such  date2  as  the  Central  Government  may,  by  notification  in  the 

Official Gazette, appoint. 

2. Definitions.–In this Act, unless the context otherwise requires,– 

(a) “community forest resource” means customary common forest land within the traditional or 
customary boundaries of the village or seasonal use of landscape in the case of pastoral communities, 
including  reserved  forests,  protected  forests  and  protected  areas  such  as  Sanctuaries  and  National 
Parks to which the community had traditional access; 

(b)  “critical  wildlife  habitat”  means  such  areas  of  National  Parks  and  Sanctuaries  where  it  has 
been specifically and clearly established, case by case, on the basis of scientific and objective criteria, 
that such areas are required to be kept as inviolate for the purposes of wildlife conservation as may be 
determined and notified by the Central Government in the Ministry of Environment and Forests after 
open  process  of  consultation  by  an  Expert  Committee,  which  includes  experts  from  the  locality 
appointed by that Government wherein a representative of the Ministry of Tribal Affairs shall also be 
included,  in  determining  such  areas  according  to  the  procedural  requirements  arising  from  sub-
sections (1) and (2) of section 4; 

(c)  “forest  dwelling  Scheduled  Tribes”  means  the  members  or  community  of  the  Scheduled 
Tribes who primarily reside in and who depend on the forests or forest lands for bona fide livelihood 
needs and includes the Scheduled Tribe pastoralist communities; 

1.  The  words  “except  the  State  of  Jammu  and  Kashmir”  omitted  by  Act  34  of  2019,  s.  95  and  the  Fifth  Schedule  

(w.e.f. 31-10-2019). 

2.  31st  December,  2007,  vide  notification  No.  S.  O.  2224(E), dated  31st  December,  2007,  see  Gazette  of  India  Extraordinary,  

Part II, sec 3(ii).  

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(d)  “forest  land”  means  land  of  any  description  falling  within  any  forest  area  and  includes 
unclassified  forests,  undemarcated  forests,  existing  or  deemed  forests,  protected  forests,  reserved 
forests, Sanctuaries and National Parks; 

(e) “forest rights” means the forest rights referred to in section 3; 

(f) “forest villages” means the settlements which have been established inside the forests by the 
forest  department  of  any  State  Government  for  forestry  operations  or  which  were  converted  into 
forest  villages  through  the  forest  reservation  process  and  includes  forest  settlement  villages,  fixed 
demand  holdings,  all types  of  taungya  settlements,  by  whatever  name  called,  for  such  villages  and 
includes lands for cultivation and other uses permitted by the Government; 

(g) “Gram Sabha” means a village assembly which shall consist of all adult members of a village 
and in case of States having no Panchayats, Padas, Tolas and other traditional village institutions and 
elected village committees, with full and unrestricted participation of women; 

(h)  “habitat”  includes  the  area  comprising  the  customary  habitat  and  such  other  habitats  in 
reserved forests and protected forests of primitive tribal groups and pre-agricultural communities and 
other forest dwelling Scheduled Tribes; 

(i)  “minor  forest  produce”  includes  all  non-timber  forest  produce  of  plant  origin  including 
bamboo,  brush  wood,  stumps,  cane,  tussar,  cocoons,  honey,  wax,  lac,  tendu  or  kendu  leaves, 
medicinal plants and herbs, roots, tubers and the like; 

(j) “nodal agency” means the nodal agency specified in section 11; 

(k) “notification” means a notification published in the Official Gazette; 

(l) “prescribed” means prescribed by rules made under this Act; 

(m) “Scheduled Areas” means the Scheduled Areas referred to in clause (1) of article 244 of the 

Constitution; 

(n) “sustainable use” shall have the same meaning as assigned to it in clause (o) of section 2 of 

the Biological Diversity Act, 2002 (18 of 2003); 

(o) “other traditional forest dweller” means any member or community who has for at least three 
generations  prior  to  the  13th  day  of  December,  2005  primarily  resided  in  and  who  depend  on  the 
forest or forests land for bona fide livelihood needs. 

Explanation.–For  the  purpose  of  this  clause,  ““generation”“  means  a  period  comprising  of 

twenty-five years; 

(p) “village” means– 

(i)  a  village  referred  to  in  clause  (b)  of  section  4  of  the  Provisions  of  the  Panchayats 

(Extension to the Scheduled Areas) Act, 1996 (40 of 1996); or 

(ii)  any  area  referred  to  as  a  village  in  any  State  law  relating  to  Panchayats  other  than  the 

Scheduled Areas; or 

(iii) forest villages, old habitation or settlements and unsurveyed villages, whether notified as 

village or not; or 

(iv) in the case of States where there are no Panchayats, the traditional village, by whatever 

name called; 

(q) “wild animal” means any species of animal specified in Schedules I to IV of the Wild Life 

(Protection) Act, 1972 (53 of 1972) and found wild in nature. 

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CHAPTER II 

FOREST RIGHTS 

3. Forest rights of Forest dwelling Scheduled Tribes and other tradional forest dwellers.–(1) For 
the purposes of this Act, the following rights, which secure individual or community tenure or both, shall 
be the forest rights of forest dwelling Scheduled Tribes and other traditional forest dwellers on all forest 
lands, namely:– 

(a)  right  to  hold  and  live  in  the  forest  land  under  the  individual  or  common  occupation  for 
habitation  or  for  self-cultivation  for  livelihood  by  a  member  or  members  of  a  forest  dwelling 
Scheduled Tribe or other traditional forest dwellers; 

(b) community rights such as nistar, by whatever name called, including those used in erstwhile 

Princely States, Zamindari or such intermediary regimes; 

(c) right of ownership, access to collect, use, and dispose of minor forest produce which has been 

traditionally collected within or outside village boundaries; 

(d)  other  community  rights  of  uses  or  entitlements  such  as  fish  and  other  products  of  water 
bodies, grazing (both settled or transhumant) and traditional seasonal resource access of nomadic or 
pastoralist communities; 

(e) rights including community tenures of habitat and habitation for primitive tribal groups and 

pre-agricultural communities; 

(f)  rights  in  or  over  disputed  lands  under  any  nomenclature  in  any  State  where  claims  are 

disputed; 

(g) rights for conversion of Pattas or leases or grants issued by any local authority or any State 

Government on forest lands to titles; 

(h) rights of settlement and conversion of all forest villages, old habitation, unsurveyed villages 

and other villages in forests, whether recorded, notified or not into revenue villages; 

(i) right to protect, regenerate or conserve or manage any community forest resource which they 

have been traditionally protecting and conserving for sustainable use; 

(j) rights which are recognised under any State law or laws of any Autonomous District Council 
or Autonomous Regional Council or which are accepted as rights of tribals under any traditional or 
customary law of the concerned tribes of any State; 

(k)  right  of  access  to  biodiversity  and  community  right  to  intellectual  property  and  traditional 

knowledge related to biodiversity and cultural diversity; 

(l)  any  other  traditional  right  customarily  enjoyed  by  the  forest  dwelling  Scheduled  Tribes  or 
other traditional forest dwellers, as the case may be, which are not mentioned in clauses (a) to (k) but 
excluding the traditional right of hunting or trapping or extracting a part of the body of any species of 
wild animal; 

(m) right to in situ rehabilitation including alternative land in cases where the Scheduled Tribes 
and other traditional forest dwellers have been illegally evicted or displaced from forest land of any 
description  without  receiving  their  legal  entitlement  to  rehabilitation  prior  to  the  13th  day  of 
December, 2005. 

(2)  Notwithstanding  anything  contained  in  the  Forest  (Conservation)  Act,  1980  (69  of  1980),  the 
Central Government shall provide for diversion of forest land for the following facilities managed by the 
Government which involve felling of trees not exceeding seventy-five trees per hectare, nemely:– 

(a) schools; 

(b) dispensary or hospital; 

(c) anganwadis; 

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(d) fair price shops; 

(e) electric and telecommunication lines; 

(f) tanks and other minor water bodies; 

(g) drinking water supply and water pipelines; 

(h) water or rain water harvesting structures; 

(i) minor irrigation canals; 

(j) non-conventional source of energy; 

(k) skill upgradation or vocational training centres; 

(l) roads; and 

(m) community centres: 

Provided that such diversion of forest land shall be allowed only if,– 

(i) the forest land to be diverted for the purposes mentioned in this sub-section is less than 

one hectare in each case; and 

(ii) the clearance of such developmental projects shall be subject to the condition that the 

same is recommended by the Gram Sabha.  

CHAPTER III 

RECOGNITION, RESTORATION AND VESTING OF FOREST RIGHTS AND RELATED MATTERS 

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.  

5. Duties of holders of forest rights.–The holders of any forest right, Gram Sabha and village level 

institutions in areas where there are holders of any forest right under this Act are empowered to– 

(a) protect the wild life, forest and biodiversity; 

(b) ensure that adjoining catchments area, water sources and other ecological sensitive  areas are 

adequately protected; 

(c) ensure that the habitat of forest dwelling Scheduled Tribes and other traditional forest dwellers 

is preserved from any form of destructive practices affecting their cultural and natural heritage; 

(d)  ensure  that  the  decisions  taken  in  the  Gram  Sabha  to  regulate  access  to  community  forest 
resources and stop any activity which adversely affects the wild animals, forest and the biodiversity 
are complied with.  

CHAPTER IV 

AUTHORITIES AND PROCEDURE FOR VESTING OF FOREST RIGHTS 

6.  Authorities  to  vest  forest  rights  in  forest  dwelling  Scheduled  Tribes  and  other  traditional 
forest dwellers and procedure thereof.–(1) The Gram Sabha shall be the authority to initiate the process 
for determining the nature and extent of individual or community forest rights or both that may be given 
to the forest dwelling Scheduled Tribes and other traditional forest dwellers within the local limits of its 
jurisdiction  under  this  Act  by  receiving  claims,  consolidating  and  verifying  them  and  preparing  a  map 
delineating the area of each recommended claim in such manner as may be prescribed for exercise of such 

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rights and the Gram Sabha shall, then, pass a resolution to that effect and thereafter forward a copy of the 
same to the Sub-Divisional Level Committee. 

(2)  Any  person  aggrieved  by  the  resolution  of  the  Gram  Sabha  may  prefer  a  petition  to  the                 

Sub-Divisional  Level  Committee  constituted  under  sub-section  (3)  and  the  Sub-Divisional  Level 
Committee shall consider and dispose of such petition: 

Provided that every such petition shall be preferred within sixty days from the date of passing of the 

resolution by the Gram Sabha: 

Provided further that no such petition shall be disposed of against the aggrieved person, unless he has 

been given a reasonable opportunity to present his case. 

(3)  The  State  Government  shall  constitute  a  Sub-Divisional  Level  Committee  to  examine  the 
resolution passed by the Gram Sabha and prepare the record of forest rights and forward it through the 
Sub-Divisional Officer to the District Level Committee for a final decision. 

(4)  Any  person  aggrieved  by  the  decision  of  the  Sub-Divisional  Level  Committee  may  prefer  a 
petition to the District Level Committee within sixty days from the date of decision of the Sub-Divisional 
Level Committee and the District Level Committee shall consider and dispose of such petition: 

Provided that no petition shall be preferred directly before the District Level Committee against the 
resolution  of  the  Gram  Sabha  unless  the  same  has  been  preferred  before  and  considered  by  the  Sub-
Divisional Level Committee: 

Provided further that no such petition shall be disposed of against the aggrieved person, unless he has 

been given a reasonable opportunity to present his case. 

(5) The State Government shall constitute a District Level Committee to consider and finally approve 

the record of forest rights prepared by the Sub-Divisional Level Committee. 

(6)  The  decision  of  the  District  Level  Committee  on  the  record  of  forest  rights  shall  be  final  and 

binding. 

(7) The State Government shall constitute a State Level Monitoring Committee to monitor the process 
of recognition and vesting of forest rights and to submit to the nodal agency such returns and reports as 
may be called for by that agency. 

(8)  The  Sub-Divisional  Level  Committee,  the  District  Level  Committee  and  the  State  Level 
Monitoring Committee shall consist of officers of the departments of Revenue, Forest and Tribal Affairs 
of  the  State  Government  and  three  members  of  the  Panchayati  Raj  Institutions at the appropriate level, 
appointed  by  the  respective  Panchayati  Raj  Institutions,  of  whom  two  shall  be  the  Scheduled  Tribe 
members and at least one shall be a woman, as may be prescribed. 

(9)  The  composition  and  functions  of  the  Sub-Divisional  Level  Committee,  the  District  Level 
Committee and the State Level Monitoring Committee and the procedure to be followed by them in the 
discharge of their functions shall be such as may be prescribed.  

CHAPTER V 

OFFENCES AND PENALTIES 

7.  Offences  by members  or  officers  of  authorities and  Committees  under this  Act.–Where any 
authority or Committee or officer or member of such authority or Committee contravenes any provision 
of  this  Act  or  any  rule  made  thereunder  concerning  recognition  of  forest  rights,  it,  or  they,  shall  be 
deemed to be guilty of an offence under this Act and shall be liable to be proceeded against and punished 
with fine which may extend to one thousand rupees:  

Provided  that  nothing  contained  in  this  sub-section  shall  render  any  member  of  the  authority  or 
Committee or head of the department or any person referred to in this section liable to any punishment if 
he  proves  that  the  offence  was  committed  without  his  knowledge  or  that  he  had  exercised  all  due 
diligence to prevent the commission of such offence. 

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8. Cognizance of offences.–No court shall take cognizance of any offence under section 7 unless any 
forest dwelling Scheduled Tribe in case of a dispute relating to a resolution of a Gram Sabha or the Gram 
Sabha through a resolution against any higher authority gives a notice of not less than sixty days to the 
State Level Monitoring Committee and the State Level Monitoring Committee has not proceeded against 
such authority.  

CHAPTER VI 

MISCELLANEOUS 

9. Members of authorities, etc., to be public servants.–Every member of the authorities referred to 
in Chapter IV and every other officer exercising any of the powers conferred by or under this Act shall be 
deemed to be a public servant within the meaning of section 21 of the Indian Penal Code (45 of 1860).  

10. Protection of action taken in good faith.–(1) No suit, prosecution or other legal proceeding shall 
lie against any officer or other employee of the Central Government or the State Government for anything 
which is in good faith done or intended to be done by or under this Act. 

(2)  No  suit  or  other  legal  proceeding  shall  lie  against  the  Central  Government  or  the  State 
Government or any of its officers or other employees for any damage caused or likely to be caused by 
anything which is in good faith done or intended to be done under this Act. 

(3)  No  suit  or  other  legal  proceeding  shall  lie  against  any  authority  as  referred  to  in  Chapter  IV 
including its Chairperson, members, member-secretary, officers and other employees for anything which 
is in good faith done or intended to be done under this Act. 

11.  Nodal  agency.–The  Ministry  of  the  Central  Government  dealing  with  Tribal  Affairs  or  any 
officer or authority authorised by the Central Government in this behalf shall be the nodal agency for the 
implementation of the provisions of this Act. 

12. Power of Central Government to issue directions.–In the performance of its duties and exercise 
of  its  powers  by  or  under  this  Act,  every  authority  referred  to  in  Chapter  IV  shall  be  subject  to  such 
general or special directions, as the Central Government may, from time to time, give in writing. 

13.  Act  not  in  derogation  of  any  other  law.–Save  as  otherwise  provided  in  this  Act  and  the 
Provisions of the Panchayats (Extension to the Scheduled Areas) Act, 1996 (40 of 1996), the provisions 
of this Act shall be in addition to and not in derogation of the provisions of any other law for the time 
being in force. 

14.  Power  to  make  rules.–(1)  The  Central  Government  may,  by  notification,  and  subject  to  the 

condition of previous publication, make rules for carrying out the provisions of this Act. 

(2)  In  particular,  and  without  prejudice  to  the  generality  of  the  foregoing  powers,  such  rules  may 

provide for all or any of the following matters, namely:– 

(a) procedural details for implementation of the procedure specified in section 6; 

(b)  the  procedure  for  receiving  claims,  consolidating  and  verifying  them  and  preparing  a  map 
delineating the area of each recommended claim for exercise of forest rights under sub-section (1) of 
section 6 and the manner of preferring a petition to the Sub-Divisional Committee under sub-section 
(2) of that section; 

(c)  the  level  of  officers  of  the  departments  of  Revenue,  Forest  and  Tribal  Affairs  of  the  State 
Government to be appointed as members of the Sub-Divisional Level Committee, the District Level 
Committee and the State Level Monitoring Committee under sub-section (8) of section 6; 

(d)  the  composition  and  functions  of  the  Sub-Divisional  Level  Committee,  the  District  Level 
Committee and the State Level Monitoring Committee and the procedure to be followed by them  in 
the discharge of their functions under sub-section (9) of section 6; 

(e) any other matter which is required to be, or may be, prescribed. 

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(3) Every rule made by the Central Government under this Act shall be laid, as soon as may be after it 
is made, before each House of Parliament, while it is in session, for a total period of thirty days which 
may be comprised in one session or in two or more successive sessions, and if, before the expiry of the 
session  immediately  following  the  session  or  the  successive  sessions  aforesaid,  both  Houses  agree  in 
making any modification in the rule or both Houses agree that the rule should not be made, the rule shall 
thereafter have effect only in such modified form or be of no effect, as the case may be; so, however, that 
any such modification or annulment shall be without prejudice to the validity of anything previously done 
under that rule. 

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