Implementation of Forest conservation act 1980
Forest (Conservation) Act, 1980 was enacted in 1980 to check irrational exploitation of forest and to maintain the ecological balance. This legislation is its endorsement of Government’s will to protect the rich bio-diversity of our forest and wildlife, which is not only the natural heritage of our country, but also the base of our socio-economic progress and the repository of yet unknown panaceas of the future.
The Act also translated into legal term the fact that forests in India are not to be regarded as sources of State revenue, but rather as community resources, sub serving the needs of hundreds of millions of rural people and tribal; and the principal duty of the forest Administration was no longer exploitation of forest wealth, as in colonial times, but conservation of bio diversity and green-cover. Under this act no forest land can be used for non forestry purpose without the prior approval of Central Government. Therefore, all proposals of diversion of such areas to any non-forest purpose can only be permitted by the Central Government.
Three Stage Clearance of Proposals
(i) Forestry clearance will be given in three stages. In Ist stage, the proposal shall be agreed to in-principle by GOI, in which usually the conditions relating to transfer, mutation and declaration as RF/PF under the Indian Forest Act, 1972, of equivalent non-forest land for compensatory afforestation and funds for raising Compensatory afforestation there of are stipulated and after receipt of compliance report from the State Government in respect of the stipulated conditions, formal approval under the Act shall be issued by GOI. In 3rd stage State Govt. accords Approval of Final Stage Clearance under Section 2 of FCA, 1980.
(ii) However as per Para 4.2(ii) in cases where compliance of conditions stipulated in the in-principle approval is awaited for more than 5 (five) years from the State Governments. The in-principle approvals would summarily be revoked by Government of India. After the revocation of the in-principle approval, if the State Government / user agency is still interested in the project, they would be required to submit a fresh proposal which shall be considered de-novo.
(iii) Approved proposals shall not normally be reopened for review of the conditions, which have been stipulated earlier.
Details of rates regarding CA (Compensatory Afforestation) & safety zone
||CA on alloted non-forest land
||Rs. 1,29,150 per hect.
||CA on degraded forest land
||Rs. 1,08,000 per hect.
||Fencing of Safety Zone
(i) Outer fencing
(ii) Inner fencing
Rs. 21,865 per 100 rmt.
Rs. 21,603 per 100 rmt.
||Regeneration of Safety Zone
||Rs. 49,650 per hect.
Net Present Value
Based on the ecological importance of forest falling in different eco-value and canopy density classes the Net Present Value (NPV) per hectare of forest has been fixed by Hon’ble Supreme Court vide orders dated 28.03.2008 & 9.05.2008 (made applicable with prospective effect) for non-forestry use / diversion of forest land.
CEC (Centrally Empowered Committee) classified the forest taking in view the ecological role and value of the forests and 16 major forest types have been further grouped into 6 ecological classes depending upon their ecological functions.
Eco-Class I – Consisting of Tropical Wet Evergreen Forests, Tropical semi Evergreen Forests and Tropical Moist Deciduous Forests.
Eco-Class II – Consisting of Littoral and Swamp Forests
Eco-Class III – Consisting of tropical dry Deciduous Forests
Eco-Class IV – Consisting of Tropical Thorn Forests and Tropical Dry Evergreen Forests.
Eco-Class V – Consisting of Sub-tropical broad Leaved Hill Forests, Sub-Tropical pine Forests and Sub Tropical Dry Evergreen forests.
Eco-Class VI – Consisting of Montane Wet Temperate Forests, Himalayan Moist Temperate Forests, Himalayan Dry Temperate Forests, Sub Alpine Forest, Moist Alpine Scrub and Dry Alpine Scrub.
NPV (Net Present Value) Rates (in Rs.) per hectare :-
||Very Dense Forest
- The use of forest land falling in National parks / Wildlife Sanctuaries will be permissible only in totally unavoidable circumstances for public interest projects and after obtaining permission from the Hon’ble Supreme Court. Such permissions may be considered on payment of an amount equal to ten times in the case of National Parks and five times in the case of Sanctuaries respectively of the NPV payable for such areas.
- The use of non-forest land falling within the National parks and Wildlife Sanctuaries may be permitted on payment of an amount equal to the NPV payable for the adjoining forest area.
- In respect of non-forest land falling within marine National parks / Wildlife Sanctuaries, the amount may be fixed at five times the NPV payable for the adjoining forest area.
- As per Guidelines issued by ministry of Environment & Forests Government of India (P.C. Division) vide ltr. Dtd. 25.05.2004 the Net Present Value (NPV) of diverted forest land shall be charged in following categories of cases:
(i) In-Principle approval granted after 30-10-2002 but final approval is yet to be granted;
(ii) In-Principle approval granted after 30-10-2002 and final approval has also been granted subsequently;
(iii) In those cases where In-Principle approval was not required, single final approval has been granted after 30-10-2002.
Further, Net Present Value of diverted forest land shall not be charged in those cases where final approval has been granted prior to 30-10-2002.
Guidelines for approval of non-forestry works on Non-Forest land ( Government / Community land) on which Forest Department has carried out plantation works.
(GOR circular dated 2-9-2006)
Authorisation to CF(Conservator of Forests) to issue permission under Rajasthan Forest ACT, 1953
- GOI vide ltr. No. 11-9/98-FC dtd. 16.10.2000 conveyed its general approval
- PCCF Rajasthan vide ltr. No. F.16(circular)97/FC/PCCF/8660 dtd. 11.12.2000 informed all CF’s.
- Permission is granted for
i) Underground laying of optical fibers
ii) Underground laying of telephone lines
iii) Underground laying of drinking water supply pipelines
a) no tree felling
b) are outside National Parks or wild life sanctuary
c) are laid along the roads & within existing ROW
d) maximum size of trench is 2 metre depth & 1 metre width
Any deviation from the above category / conditions will require permission from central Government under the FCA,1980
- Permission is valid till further orders
- This approval will be subject to the following conditions:-
i) the user agency agrees to make good the land after user / maintenance
ii) the user agency agrees to make good any loss to forest / environment
iii) the user agency seeks permission from the concerned Dy. Conservator of Forests for carrying out any maintenance
Authorisation to State Government to issue permission under FCA, 1980
- PCCF Rajasthan vide ltr. No. F.16(circular)2004/FC/PCCF/1611-1760 dtd. 8.2.2005 informed all Forest officers
- The general approval is for development works of Government Departments involving forest area less than one ha.
ii) Dispensaries / hospitals
iii) Electric & Telecommunications lines
iv) Drinking water projects
v) Water / rainwater harvesting structures
vi) Minor irrigation canals
vii) Non-conventional sources of energy
viii) Skill up-gradation / vocational training centres
ix) Power sub-stations
x) Communication posts
xi) Construction / widening of roads including approach roads to road
xii) Upgradation / strengthening / widening of existing bridges by the Border Roads Organisation (BRO)
xiii) Police establishments like police stations / outposts / border outposts / watch towers in sensitive areas (identified by Ministry of Home affairs)
a) Tree felling not more than 50 trees per ha.
b) Project site should be outside National parks or wildlife sanctuary or protected areas