FOREST CONSERVATION ACT, 1980

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FOREST (CONSERVATION) ACT, 1980
A COMMITMENT OF THE CENTRAL GOVERNMENT FOR THE
CAUSE OF ENVIRONMENTAL CONSERVATION AND
SUSTAINABLE DEVELOPMENT
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OBJECTIVES

• FC ACT, 1980 - a Regulatory Act,
• not prohibitory
• The Act is an interface between conservation and
  development
• Permits judicious and regulated use of forest
  land for non-forestry purposes

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Background

• Indiscriminate and massive diversion of forest
  land for non forestry purposes since
  independence.
• Approximately 4.3 million ha. of forest land
  diverted during 1950 to 1980 for non forestry
  purposes.
• The subject forest was brought in the
  concurrent list in 1977.
• In 1980, the Forest (Conservation) Act was
  enacted for providing a higher level of
  protection to the forests and to regulate
  diversion of forest lands for non forestry
  purposes.

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FC Act Main features

• FC ACT, 1980 Prior approval of the Central
  Government is essential for de-reservation of
  forest lands and / or diversion of forest lands
  for non-forestry purposes.
• It is a Regulatory Act, not prohibitory.
• The Act is an interface between conservation and
  development.
• Permits judicious and regulated use of forest
  land for non-forestry purposes.
• -- By its order of 1996, the Apex Court
  has extended the provisions of the Act to all
  forests irrespective of ownership (including
  forests as understood in the dictionary sense)

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• Procedure for Forest Clearance -
• Proposals recommended by the State / UT Govts.
  forwarded to the Central Govt. for approval under
  Section 2 of the Act.
• Proposals examined by Forest Advisory Committee
  (FAC) constituted under Section 3 of the Act.
• Decisions taken on the basis of the
  recommendations of the FAC.
• FC Rules, 2003 prescribe specific time limits for
  processing the cases.

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IMPACT OF THE ACT

• During 1950-80, the rate of diversion of forest
  land for non-forestry purposes was 1,50,000
  hectares per annum
• After enactment of the FC Act, 1980, the rate of
  diversion of forest land for non-forestry
  purposes came down to about 35,000 ha per annum

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PROGRESS OF FORESTRY CLEARANCES (1980- December,
2007)

• Proposals received 22,519
• Development projects approved 16,939
• Did not Merit approval 1,550
• Closed/Returned due to want
• of information or withdrawn by States
  2,230
• Pending with GOI 387
• Pending with State/UT Governments 1,413
• Forest land diverted 11.56 lakh hectare

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Sector-Wise area diverted under FC Act, 1980 (in
Percentage)
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POLICY INITIATIVES OF MoEF

• Simplified Format of Application
• Specific time limit for States and Central Govt.
  for expeditious processing of proposals (90/60
  days for State Governments for fresh/renewal
  cases and 60 days for Central Government)
• Regional Offices to process cases up to 40 ha
  (increased from 20 ha)
• Site inspection by Regional Offices mandatory for
  proposals involving more than 100 ha of forest
  land (increased from 40 ha)

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POLICY INITIATIVES Contd..

• General approval for underground laying of
  electrical cables and electric wires, drinking
  water supply/water pipelines, telephone lines,
  etc.
• General approval, up to 1 ha, for public utility
  projects, to be executed by Government
  Departments, like schools, dispensary/hospital,
  electric and telecommunication lines, drinking
  water, rainwater harvesting structure, 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/watch towers.

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Forest Advisory Committee (FAC)

• FAC is a seven member Committee under the
  chairmanship of DGF SS, MoEF.
• Three non official members eminent experts in
  forestry and allied disciplines appointed for a
  period of two years.
• ADGF, MoEF Additional Commissioner (Soil
  Conservation), Ministry of Agriculture.
• IGF (FC) -- Member Secretary
• Meeting not less than once a month, generally at
  New Delhi
• Quorum is Three.

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Conditions stipulated ..

• Certain conditions are stipulated at the time
  of granting approval under FC Act
• Compensatory Afforestation,
• Catchment Area Treatment,
• Phased Reclamation of mining area
• Safety zone Area
• Rehabilitation of Project affected families, if
  any.
• Muck disposal plan
• Wildlife management plan etc.

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CA, NPV etc.

• On the directions of the Apex court in 2002, a
  Net Present Value (NPV) of the forest land being
  diverted is being charged from the User Agencies.
  
• NPV intrinsic cost of the land, tangible and
  intangible benefits of the forest area.
• NPV charged _at_ Rs.5.8 lakh to Rs.9.2 lakh per ha
  depending on the type density of the diverted
  forest land.
• At present all the funds received from the State
  govts. / User Agencies are being deposited in
  Ad-hoc CAMPA.

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CAMPA

• CAMPA was constituted by the Central Government
  vide notification dated 23.04.2004.
• CAMPA is the custodian of CA Fundincluding all
  funds received from User Agencies--CA, NPV, CAT
  Plan, Penal CA Etc.
• The funds are meant to be disbursed to the
  State/UT governments after receiving their
  proposals as per an Annual Plan of Operation
  (AOP).
• The funds are mainly meant to compensate the loss
  of forests and ecological services and to
  facilitate regeneration of the services provided
  by the forests.

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Concerns of Central Government

• Poor achievement of Compensatory Afforestation
  (CA)
• CA not being done on identified areas
• Non-forest land for CA not being declared RF/PF
• Land bank not identified in most of the States

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Concerns Contd..

• Quarterly progress report of General Approval
  granted by States not being received
• Delay in processing of proposals under the FC Act
  at the State/ UT Government level
• In-spite of a fast track mechanism in place for
  processing of proposals for Indo-China border
  roads extremely slow

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Concerns

• CAMPA to be made fully functional.
• Mechanism for management and disbursement of
  funds to the State Governments to be streamlined.
• Monitoring and evaluation systems to be evolved
  and implemented.
• Overseeing effective implementation of CA
  schemes, CAT Plans, Reclamation Plan etc.
• Future guidelines to be issued under the Act .

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• Thank You.