S'B'S'Bhadauria IFS

1
Forest (Conservation) Act,1980 Forest (
Conservation ) Rules 2003
by S.B.S.Bhadauria IFS Chief Conservator of
Forest (FCA) Department of Forest, Env. Wl
Management Government of Sikkim
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Forest ( Conservation ) Act 1980 with Amendments
made in 1988

• Notwithstanding anything contained in any
  other law for the time being in force in a State,
  no State Government or other authority shall
  make, except with the prior approval of the
  Central Government, any order directing-
• That any reserved forest or any portion thereof
  shall cease to be reserved.
• That any forest land or any portion thereof may
  be used for any non-forest purposes.
• That any forest land or any portion thereof may
  be assigned by way of lease or otherwise to any
  private person or to any authority, corporation,
  agency or any other organization not owned,
  managed or controlled by Government.

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Forest ( Conservation ) Act 1980 with Amendments
made in 1988

• (iv) That any forest land or any portion thereof
  may be cleared of trees which have grown
  naturally in that land or portion, for the
  purpose of using it for reafforestation.
• Explanation
• For the purpose of this section, Non
  Forest purpose means the breaking up or clearing
  of any forest land or portion there of for-
• The cultivation of cash crops defined in the Act.
• Any purpose other than reafforestation
• but does not include works related to
  conservation, development and management of
  forest and wildlife.

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Nodal Officer of the State (Office)
Central Government
State Governments Nodal Officer
User Agencies
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Application of Forest (Conservation) Act,1980
Definition The term Forest land
mentioned in Section 2 of the Act refers to
reserved forest, protected forest or any area
recorded as forest in the government records.
Lands which are notified under Section 4 of the
Indian Forest Act. It would also include
Forest as understood in the dictionary sense
(Supreme Court Orders dated 12.12.1996 in WP
No.202/1995 Annexure I). All proposals for
diversions of such areas to any non-forest
purpose, irrespective of its ownership, would
require the prior approval of the Central
Government.
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Application of Forest (Conservation) Act,1980
User Agency means any person, organization
or Company or Department of the Central or State
Government making a request for diversion or
de-notification of forest land for non-forest
purpose or using forest land for non-forest
purpose in accordance with the permission granted
by the Central Government under the Act or the
rules.
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Application of Forest (Conservation) Act,1980

• Form A for new proposals
• Part-I By User Agency
• Part-II By DFO (T) Concerned
• Part-III By CF(T) Concerned
• Part-IV By Nodal Officer on behalf of the
  Department
• Part-V By the Secretary on behalf of the
  Government

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Application of Forest (Conservation) Act,1980

• INSTRUCTIONS (for Part-I User Agency) for
  acceptance of Proposal This
• Part shall only be completed only after
  Joint Survey Investigation
• ( User/Forest/LRD)( data in MKS system)
• 1. The project authority must annex a copy of
  approved /plan
• Map on 1 50,000 or 1 25,000 scale, SOI
  toposheet duly authenticated by the
• Project Authority DFT(T) concerned.
• Complete details of alternative alignments
  examined.
• 4. Joint Inspection report ( User
  agency/Forest/LRD)
• 5. Purpose- wise break up total land ( Private
  Forests)
• 6. Purpose wise break up of forest land
• 7. Justification for locating the project on
  forest land
• 8. Cost-Benefit analyses (if applicable)
• 9. Rehabilitation Resettlement Plan ( if
  people are displaced)
• 10. Under taking for Compensatory Afforestation.

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Application of Forest (Conservation) Act,1980

• INSTRUCTIONS (for Part-II DFO(T) concerned)
  This part shall be completed in co-ordination
  with User Agency
• 5. Location of the project Scheme
• (iv) Area of Forest land proposed for diversion
  ( in Ha)
• (v) Legal Status of forest land/ Name of RF
• (vi) Density of vegetation
• (vii) Enumeration details
• (viii) Soil erosion
• Distance from RF boundary
• Wild life areas
• Endangered species
• 9. Violation
• 10. Compensatory Afforestation Scheme- Area
  proper, Map proper, Framing of scheme/
  components/ rates/ calculations/ certificate of
  suitability
• 11. Site Inspection Report
• 12. District/division profile- updated
• 13. Recommendations
  -continue
  next

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Application of Forest (Conservation) Act,1980

• INSTRUCTIONS (for Part-II DFO(T) concerned)
  This part shall be completed in co-ordination
  with User Agency
• Data , financial aspect Documents
• Area in Ha.
• Crop Compensation Enumeration abstract, No. of
  trees/poles/shrubs/medicinal plants/NTFPs- and
  their Crop Compensation- proper for Forest land
  only- Non-forest land separate.
• Amount of Compensatory Afforestation- against the
  diverted forest land
• (i) Less than one ha- 10 times of trees to
  be felled
• (ii) Other as per the guidelines
• Net Present Value (NPV)
• Name of RF/ Forest area
• District/State Profile in prescribed Performa
• Certificate of the Chief Secretary for
  Non-availability of Non- forest land for
  Compensatory Afforestation

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Application of Forest (Conservation) Act,1980

• INSTRUCTIONS (for Part-III CF(T) concerned)
• (10) Site inspection
• Authentication of information given in
  Part-II by
• DFO (T)
• (12) Acceptance Recommendation of Proposal

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Application of Forest (Conservation) Act,1980

• INSTRUCTIONS (for Part-IV Nodal officer)
• (13) Opinion Recommendation of the Department
  of Forest, Environment Wildlife Management
• Note
• Adverse comments in part II III shall be
  categorically reviewed and commented upon.

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Application of Forest (Conservation) Act,1980

• INSTRUCTIONS (for Part-V Secretary for Forest,
  Environment Wildlife Management Department)
• Recommendation of State Government
• Note Adverse comments made by any officer or
• authority in Part - II or Part - III or
  Part IV
• above should be specifically commented
  upon.

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How to prepare Map of the Project ?
Select the Toposheet on 1 25,000 or 1 50,000
Scale, Survey of India Toposheet ( Write
toposheet No. and Name of the Project)
Legend
To be signed by User Agency DFO(T) Concerned
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Application of Forest (Conservation) Act,1980
Clarification for National Parks Sanctuaries
The Supreme Court has passed several
orders regarding taking up of non-forestry
activities in the National Parks Sanctuaries.
In view of this, the state Government
should not submit any proposal for diversion of
forest land in National Parks Sanctuaries
without seeking prior permission of the Indian
Board of Wildlife (Now National Board of
Wildlife) and Supreme Court.
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Application of Forest (Conservation) Act,1980

• SUBMISSION OF PROPOSALS (A)
• User Agency to submit Nodal Officer
• Nodal Officer Proposal complete to concerned
  DFO (T) with receipt to User Agency.
• DFO (T) CF (T) Nodal Officer
• Nodal Officer PCCF State Government
• State Government PCCF-cum-Secretary
  Government of India
• SUBMISSION OF PROPOSALS (B)
• Up to 40 Ha. from State to Regional Office,
  Shillong Regional Office to decide up to 5 Ha.
  (either than Mining Encroachment). And for more
  than 5 Ha. and up to 40 Ha. recommend the
  proposal to Government of India for decision and
  inform the state.
• Proposals more than 40 Ha. State Government to
  Ministry of Environment Forest, Government of
  India.

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Application of Forest (Conservation) Act,1980

• TIME PERIOD PRISCRIBED
• State Government to Central Government 210
  days.
• Nodal Officer receipt or return a proposal 10
  days.
• DFO (T) concerned and CF (T) to Nodal Officer
  90 days.
• Nodal Officer through PCCF to State 30 days.
• Nodal Officer / PCCF State PCCF-cum-Secretary
  GOI 60 days.
• Regional Office (5 Ha. Regional Office gt 5-40
  Ha GOI approval) 45 days.
• Government of India gt more than 40 Ha 90 days.
• NOTE
• Nodal Officer Incomplete proposal User Agency
  10 days This time period shall not be counted
  for any future reference.
• GOI till 15 days of the expiry of time limit
  prescribed construed that the proposal has been
  rejected by the State Government and State
  inform User Agency.
• State - Subsequently forward GOI
  explanation for delay and action taken.

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Application of Forest (Conservation) Act,1980

• Clearances ( Stage-I Stage-II Final Approval)
• I- Stage- I Clearance ( Approval in
  Principle)
• Generally the following conditions are
  stipulated for compliance before final approval
• Payment for Compensatory Afforestation
  (CA) by Cheque / Draft.
• Payment for Net Present Value (NPV) by Cheque /
  Draft.
• Payment for Crop Compensation (CC) by Cheque /
  Draft.
• Any other payment
• And if any other condition for compliance like
  Non-forest land etc.
• NOTE No works can be started on Stage I
  clearance
• II- Stage- II Clearance ( Final approval)
• After the compliance of the conditions,
  stipulated in Stage I, proposal
• is recommended for final approval to Govt. of
  India and GOI accord final
• approval with the stipulation of certain
  conditions for compliance. In addition
• the Regional Office Shillong and the State
  Government may also stipulate
• additional conditions for protection and
  management of Forest, Environment
• Wildlife.

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Application of Forest (Conservation) Act,1980

• General Approval (For Govt. Departments only)
• ( For Government Department only)
• Schools
• Dispensary / hospital
• Electric and telecommunication lines
• Drinking water
• Water/rainwater harvesting structures
• Minor irrigation canal
• Non-conventional sources of energy
• Skill up-gradation / vocational training centre
• Power sub-stations
• Communication posts and
• Police establishments like police stations /
  outposts / border outposts / watch towers, in
  sensitive areas (identified by Ministry of Home
  Affairs).
• 
  
  Contd. Next sheet

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Application of Forest (Conservation) Act,1980

• General Approval (For Govt. Departments only)
• Guide Lines
• Forest land to be diverted should be less than
  one ha. in each case.
• It should be need based.
• Legal status shall remain unchanged.
• User Agency shall submit the proposal in
  prescribed format.
• The area should not involve felling of more than
  50 Nos. of trees per ha.
• Area should be out side National Park and
  Sanctuaries.
• DFO (T) concerned shall justify the minimum
  requirement of land i. e. 1 ha.
• DFO (T) concerned shall maintain all the details
  properly.
• Nodal Officer to submit monthly report.
• Compensatory Afforestation Two times of trees
  felled.
• User Agency to protect flora / fauna and
  environment in the area.
• User Agency shall pay for Compensatory
  Afforestation, Net Present Value, Crop
  Compensation and any other.

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Application of Forest (Conservation) Act,1980

• DISTRICT/DIVISION PROFILE AS ON 31st MARCH 2007
• Forest (Conservation) Act, 1980
• EAST DISTRICT
• (i) Geographical area of the district
  95400 Ha
• (ii) Forest area of the district
  61952 Ha.
• (iii) Forest cover of the district
  67900 Ha.
• (as per FSI report 2003)
• Total forest area diverted since 1980 with number
  of cases Nos. 53
• 
  
  Area 240.06 Ha
• (v) Total compensatory afforestation stipulated
  in the district/division since 1980 on (date)
  31st March 2007 on
• (a) Forest land including Penal
  Compensatory Afforestation 487.72 Ha
• (b) Non-forest land
  
  0.00 Ha
• 
  Total
  487.72 Ha
• 
  
  
• (vi) Progress of compensatory afforestation as on
  (date) 31st March 2007
• (a) Forest land
  
  583.07 Ha

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Application of Forest (Conservation) Act,1980

• DISTRICT/DIVISION PROFILE AS ON 31st MARCH 2007
• Forest (Conservation) Act, 1980
• WEST DISTRICT
• (i) Geographical area of the district
  116600 Ha
• (ii) Forest area of the district
  86473 Ha.
• (iii) Forest cover of the district
  72800 Ha.
• (as per FSI report 2003)
• (iv) Total forest area diverted since 1980 with
  number of cases Nos 22
• 
  
  
• 
  
  Area 51.78 Ha.
• (v) Total compensatory afforestation stipulated
  in the district/division since 1980 on (date)
  31st March 2007 on
• (a) Forest land including Penal
  Compensatory Afforestation 235.26 Ha.
• (b) Non-forest land
  
  15.78 Ha.
• 
  
  Total 251.04 Ha.
• 
  
  
• (vi) Progress of compensatory afforestation as
  on (date) 31st March 2007

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Application of Forest (Conservation) Act,1980
DISTRICT/DIVISION PROFILE AS ON 31st MARCH
2007 Forest (Conservation) Act, 1980 (III)
NORTH DISTRICT (i) Geographical area of the
district 422600 Ha (ii) Forest area of the
district 410817 Ha (iii) Forest
cover of the district 132600 Ha.
(as per FSI report 2003) (iv) Total forest
area diverted since 1980 with number of cases
Nos 42



Area 370.85 Ha. (v) Total
compensatory Afforestation stipulated in the
district/division since 1980 on (date) 31st March
2007 on (a) Forest land including Penal
Compensatory Afforestation 1151.49 Ha.
(b) Non-forest land
7.276
Ha.

Total 1158.766 Ha. (vi) Progress of compensatory
afforestation as on (date) 31st March 2007
(a) Forest land
800.405
Ha. (b) Non-forest land

2.262 Ha.

Total 802.667 Ha.
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Application of Forest (Conservation) Act,1980

• DISTRICT/DIVISION PROFILE AS ON 31st MARCH 2007
• Forest (Conservation) Act, 1980
• SOUTH DISTRICT
• (i) Geographical area of the district
  75000 Ha
• (ii) Forest area of the district
  41341 Ha
• (iii) Forest cover of the district
  52900 Ha.
• (as per FSI report 2003)
• (iv) Total forest area diverted since 1980 with
  number of cases Nos 56
• 
  
  Area 271.74 Ha.
• (v) Total compensatory Afforestation stipulated
  in the district/division since 1980 on (date)
  31st March 2007 on
• (a) Forest land including Penal compensatory
  Afforestation 436.79 Ha.
• (b) Non-forest land
  
  2.70 Ha.
• 
  Total
  439.49 Ha.
• 
  
• (vi) Progress of compensatory afforestation as
  on (date) 31st March 2007
• (a) Forest land
  
  469.19 Ha.

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Application of Forest (Conservation) Act,1980
STATE PROFILE AS ON 31st MARCH 2005 State
Sikkim, Period 25-10-1980 to
31-03-2005
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Application of Forest (Conservation) Act,1980
STATE PROFILE AS ON 31st MARCH 2005 State
Sikkim, Period 25-10-1980 to
31-03-2005
Abstract 1. Stipulated Compensatory
Afforestation 2212.80 Ha. 2.
Achieved Compensatory Afforestation 2065.69
Ha. Hence, the Compensatory Afforestation of
stipulated 93.35
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Application of Forest (Conservation)
Act,1980 Cost Benefit Analyses Annexure-VI
(a) Category of Proposals for which Cost-Benefit
Analysis is Applicable

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Application of Forest (Conservation)
Act,1980 Cost Benefit Analyses Annexure-VI
(b) Parameters for Evaluation of Loss of Forests

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Application of Forest (Conservation)
Act,1980 Cost Benefit Analyses Annexure-VI
(c) Parameters for Evaluation of benefit,
Notwithstanding with Loss of Forests

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Application of Forest (Conservation)
Act,1980 Rates of Charging the Net Present Value
( NPV) ( Rs. in lakhs/Ha) Gazette/ Notification
No. 363, 23rd October 2003, No.538/FEWD, dated
22/10/2003

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Application of Forest (Conservation)
Act,1980 Rates of Charging the Net Present Value
( NPV) ( Rs. in lakhs/Ha) Gazette/ Notification
No. 363, 23rd October 2003, No.538/FEWD, dated
22/10/2003

Note 1. Values shown in table above are in lakhs
of Rupees per hectare of forest land diverted.
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Application of Forest (Conservation)
Act,1980 Rates of Charging the Net Present Value
( NPV) ( Rs. in lakhs/Ha) Gazette/ Notification
No. 363, 23rd October 2003, No.538/FEWD, dated
22/10/2003

Note contd. 2. Where no wood content is assessed
due to absence of tree crop, the NPV will be
fixed at Rs. 5.80 lakhs per hectare, however, in
the high altitude alpine areas where valuable
flora such as rhododendrons, medicinal plants,
primulas etc. are found on the land to be
diverted, the NPV will be fixed at Rs.9.20 lakhs
per hectare. 3. If the actual value of the
poles/timber obtainable from the forest or
plantation, based on the Utilization Selling rate
is greater than the NPV as calculated according
to the above Code then the former will be used as
the NPV of the land in question. 4. The NPV will
be calculated separately for each discontinuous
plot of land involved in the diversion and for
the actual area as derived from the Code given
above. 5. The Classes of crop indicated in table
above are as per classification occurring in the
Schedule of Rates of Royalty notified by the
State Government.
Applicable Rates of Charging the Net Present
Value ( NPV) ( Rs. in lakhs/Ha) are applicable
for all cases of diversion of forest land after
30/10/2002
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Application of Forest (Conservation)
Act,1980 Precaution Measures suggested

• Please must check that
• All the data informations are correct
• Financial details are proper and as per the
  norms
• Necessary measures have been taken for Forests,
  Environment
• Wildlife or not including the biodiversity
  and other related
• aspects.
• Conditions proposed are reasonable or
  unreasonable
• All details must be signed and authenticated by
  user agency and
• DFO(T) concerned
• Any other issue public or department or general

Reason for above To avoid the complications and
any misunderstanding as well for betterment of
the Project and its benefits.
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Application of Forest (Conservation) Act,1980
Net Present Value (NPV) Exemption and Expert
Committee CERTIFICATE OF UNDERTAKING The
Department of .. is
hereby give the undertaking to bear cost of
raising and maintenance of Compensatory
Afforestation and Net Present Value (NPV) as well
as the cost of protection and regeneration as per
the scheme prepared by Department of Forest,
Environment Wildlife Management, Government of
Sikkim in respect of diversion . Ha. of Forest
land for diversion of Forest land for the
project for ..................
..................................................
... . in . District
and also hereby to undertake that
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Application of Forest (Conservation) Act,1980
Net Present Value (NPV) Exemption and Expert
Committee For public welfare schemes of
non-commercial government ventures like, School,
rain water harvesting, tanks, sewer lines,
village roads, which are meant for public
welfare, the NPV may not be charged and that in
case it is finally decided by the Supreme Court
that such projects are not exempt from payment
of NPV, the User Agency (the Department
) will pay the amount of NPV as determined and
ordered by the Supreme Court. The Department
hereby give an additional undertaking
that in case of any upward revision of rates of
NPV (as per the report of the Expert Committee
constituted by the Supreme Court and the final
decision in this respect by the Supreme Court)
the Department will pay the amount of
differential NPV. Signature of the Head of
Department and Seal.
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How to prepare Map of the Compensatory
Afforestation?
Select the Toposheet on 1 25,000 or 1 50,000
Scale, Survey of India Toposheet ( Write
toposheet No. and Name of the Project)
Legend
To be signed by DFO(T) Concerned
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Application of Forest (Conservation) Act,1980

• Certificate for Compensatory Afforestation
• This is to certify that the locations / sites
  identify and selected for Compensatory
  Afforestation over double of the degraded Forest
  land / non-Forest land if acquired as under
• Location Area Range Division
• Location Area Range Division
• ---------
• -----------
• Is suitable for Compensatory Afforestation and
  from management point of view in lieu of the
  Ha. of Forest land proposed to be diverted for
  project .
• Name
• Division
• Seal

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Application of Forest (Conservation) Act,1980
THANKS