Forest Conservation Act 1980 Forest Conservation Rules 2003

Forest (Conservation) Act, 1980 & Forest ( Conservation ) Rules 2003 Guidelines for Field Staff by S. Bhadauria IFS Chief Conservator of Forest (FCA) Department of Forest, Env. & Wl Management Government of Sikkim 1

Application of Forest (Conservation) Act, 1980 DEVELOPMENT PROJECTS V/S FORESTS 1. 2. 3. 4. 5. 6. 7. Forest (Conservation) Act 1980 is a regulatory and not prohibitory Regulate indiscriminate diversion/use of Forest lands for developmental needs of the States/people and the nation at large so that development is not constrained but accommodates conservation parameters. Permits unavoidable use of Forest land for various developmental purposes. Commitments to balance the conservation of Forest with the sustainable development need of the country contributing to better environment, health and economy. Since the enactment of FCA-1980, a total of 12, 535 development projects have been accorded Forest clearance, involving a total Forest area of 10. 09 lakh hectare. In Sikkim about 148 numbers of projects have been accorded Forest clearance involving a total Forest area of about 900 hectare. The unabated diversion of Forest land has been checked – The annual rate of diversion has come down to as low as 0. 40 hectare per annum. 2/25/2021 2

Application of Forest (Conservation) Act, 1980 INSTRUCTIONS FOR SURVEY & INVESTIGATION As per the provisions of the Forest (Conservation) Act, 1980 Rules & Guidelines (With Amendments made up to June 2004) Para 1. 3 (i) of Chapter – I for Investigations and surveys, the permission for the same is accorded subject to the following conditions: 1. 2. 3. Investigations and surveys carried out should not involve any clearing of forest or cutting of trees and operations are restricted to cleaning of bushes and lopping of tree branches for purpose of sighting. The clearing of bushes and lopping of tree branches for the purpose of sighting should be done with prior approval from the DFO (T) concerned. There should be no clearing of forests and cutting/felling of trees. If, however, investigations and surveys involved cleaning of forest area or felling of trees, prior permission of the Central Government is mandatory. Contd. 3

Application of Forest (Conservation) Act, 1980 INSTRUCTIONS FOR SURVEY & INVESTIGATION 4

Application of Forest (Conservation) Act, 1980 INSTRUCTIONS FOR SURVEY & INVESTIGATION 5

Application of Forest (Conservation) Act, 1980 JOINT INSPECTION REPORT 1. Name of Project 2. A brief of project 3. Date of Joint Survey 4. Participants 5. Details of Land: Total land involved / Private land / Forest land 6. Legal status of Forest land 7. Item wise breakup of Forest land required 8. Wildlife Area / National Park Sanctuaries 9. Types of Vegetation / Felling of trees involved or not 10. Certificate of DFO (T) concerned if tree felling is not involved 11. A brief about Topography, Soil, Forest, Environment & Wildlife 12. A brief observation of team and its recommendations 13. Any other aspect related to project and Forest area To be signed by: Project Authorities, Forest Authorities & Officials of LRD 6 And final authentication by Head of the Project Authority and DFO (T) concerned

Application of Forest (Conservation) Act, 1980 STATEMENT OF ENUMERATION AND CROP COMPENSATION Name of Project ………………………. Division : ……………. . Range: ………………. Block : ……………. Name of the Forest Area : ……………Plot No : …………… Area: ………. Ha Sl. No. Local Name Trees Poles Med. plants NTFPs Shrubs Hurbs Bamboos Misc. Scientific Name Diameter Class Numbers wise in cms / ft. Volume Rate Amount 7

Application of Forest (Conservation) Act, 1980 ABSTRACT OF ENUMERATION AND CROP COMPENSATION Name of Project ………………………. Division : ……………. . Total Forest land involved: …………… Area / Name of Forest Areas : ……………. Sl. No. Range / Block Location / Area Plot Nos. Types Trees Poles Med. plants NTFPs Shrubs Hurbs Bamboos Misc. Numbers Volume Amount 8

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 Location/ alignment Marked in of the Project Coloured Total Land ---- In Ha Forest Land ------In Ha Private Land -----In Ha Boundary of R. F. ** ** ** 9 To be signed by User Agency & DFO(T) Concerned

Application of Forest (Conservation) Act, 1980 STATUS OF FOREST LAND – MORTGAGE / SUB-LEASE Reference letter No. 11 -10/2001 -FC, dated 01/05/2001 from the Ministry of Environment & Forests, Government of India no Forest land can be mortgage or re-assigned or sub leased under the provisions of Forest (Conservation) Act, 1980. 10

Application of Forest (Conservation) Act, 1980 HANDING OVER AND TAKING OVER 1. 2. 3. 4. 5. 6. 7. First you should have the map and the area details of project proposal accorded forest clearance. Examine the area and select the location. Go through the conditions of forest clearance approval letter. Survey and demarcate the area to be handed over. Prepare the map and handing/ taking over papers. Hand over the area by taking signature on map and handing/ taking over papers from the User Agency and RO/ DFO (T) concerned. Prepare the report and send it by both the User Agency and the DFO (T) concerned to the CF (T) and Nodal Officer (FCA). 11

Application of Forest (Conservation) Act, 1980 RESPONSIBILITIES AND DUTIES OF PROJECT AUTHORITIES As per the Section 85 of Sikkim Forest Act: Every person who 1. Exercise any right in a reserve forest, Khasmal or Gorucharan forest or any other forest land or 2. Shall be bound to furnish without necessary delay to the nearest forest officer any information that he may posses regarding occurrence of fire in or near such forest or commission of any forest offence and shall forthwith take stepsa. To extinguish forest fire b. To prevent forest fires by lawful means c. In preventing the commission of any forest offences d. If forest offence committed- discovering & arresting offender e. provisions of the Act. 12

Application of Forest (Conservation) Act, 1980 VIOLATIONS & UN-AUTHOTISED USE OF FOREST LAND – ENCROACHMENT SECTION – 3 B 1. 2. 3. 4. Each case of violation shall be reported by the State Government to GOI. The report of violation shall be self-contained, supported by requisite documents, including names and designation of the officials/persons. In case No. 2 above is not possible - full explanation shall be appended. Any person and / or authority nominated by the Central Government – discharge duties – prosecution – in any Court appropriate – concerned State – shall make available all such records as may be required by the investigation officer. 5. CLARIFICATION: 6. The provisions of this Section are applicable to the cases where the State Government or any authority passes any order for permitting activities covered by Section 2 of the Forest (Conservation) Act, 1980 without prior approval of the Central Government. Cases of illicit felling / encroachment etc. have to be dealt under the provisions of the Indian Forest Act, 1927, 13 State Forest Acts, Environment (Protection) Act, 1986, etc.

Application of Forest (Conservation) Act, 1980 Details of Forest & Private land: Measurements & Area 1. 2. 3. 4. 5. 6. All measurements shall be in MKS system i. e. in M / Sq. M. / Km/ ha Total Land Total Private Land: Components wise i. e. Length- Width of road, Project Components, Area of each components, Plot nos. , Locations Total Forest Land: Components wise i. e. Length- Width of road, Project Components, Area of each components, Plot nos. , Locations Name of R. F. Joint Inspection Report- Enumeration – maps and Annexure details shall be the same without any discrepancies. 14

Application of Forest (Conservation) Act, 1980 Check List of Documents / Papers / Details Required Sl. Items / Details No. For Part-I ( Sl. No. 1 to 7) & For Complete Proposal ( Sl. No. 1 to 20) 1. 2. 3. 4. 5. 6. 7. Prescribed Proforma DPR ( Detailed Project Report)/ Brief Project Report Map in the Scale/ Survey of India Toposheet: 1: 25, 000 or 1: 50, 000 duly signed by DFO (T) concerned & Project Authority with Legend showing all details & for small area Sketch Map also Joint Inspection report duly signed by DFO (T) concerned & Project Authority. Cost -Benefit analysis to be submitted by the User Agencies. Land details ( Private & Forest Land Both Component Wise) User agencies to give certificate of undertaking to undertake raising of Compensatory Afforestation and payment of Net Present Value. Status/ Yes/ No/ Others 15

Application of Forest (Conservation) Act, 1980 Check List of Documents / Papers / Details Required Sl. No. 8. 9. 10. 11. 12. 13. 14. 15. 16. Items / Details For Part-I ( Sl. No. 1 to 7) & For Complete Proposal ( Sl. No. 1 to 20) Map showing location of Compensatory Afforestation area. In case the diverted area is less than 1 ha. planting of ten times the trees to be felled Certificate for Suitability of the area for raising Comp. Afft. From the DFO. Detail Scheme for Compensatory Afforestation & Amount Certificate of Chief Secretary in case Compensatory Afforestation is to be carried out in degraded forest area for State proposals but not for Central Government agencies. State / District profile regarding the area diverted / progress of Comp. Afftts. Enumeration of tree species to be felled diameter class wise to be given. & Amount of Crop Compensation/ Abstract Cost of Net Present Value (NPV) / Amount In case area is more than 40 ha. Site inspection of the CF (T) would be required. Site inspection of DFO for area up to 40 ha. is mandatory. Status/ Yes/ No/ Others 16

Application of Forest (Conservation) Act, 1980 Check List of Documents / Papers / Details Required Sl. Items / Details No. For Part-I ( Sl. No. 1 to 7) & For Complete Proposal ( Sl. No. 1 to 20) 17. 18. 19. 20. In case the area is a wildlife area, the comments from the Chief Wildlife Warden will be required. In case there is violation, a detailed report from the Nodal Officer to be submitted. EIA( Environmental Impact Assessment Report)/ EMP( Environmental Management Plan Report)/ Public Hearing Report if the Environmental Clearance is also required For Mining Proposal: 1. How many Stone/Sand in the Forest area already cleared under FC, Act 1980? 2. How many mining operating in the non- forest area 3. Annual requirement of materials. 4. Reclamation Plan for the mined area. Status/ Yes/ No/ Others 17

Application of Forest (Conservation) Act, 1980 Compensatory Afforestation, Protection and Maintenance etc. Shall be prepared as per the guidelines notified and technically : 1. Area Selection 2. Seedlings, Afforestation, Fencing/protection, SMC, Silviculture management etc. 3. Maintenance 4. Wildlife/biodiversity 5. Environment 6. Conservation of water resources 7. Avenue/aesthetic Plantation 8. Overhead expenditure 9. Monitoring & Evaluation 10. And all Others required for creation of forests and better environment. 18

Application of Forest (Conservation) Act, 1980 Informations/ Details shall be maintained by the Divisions 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. List of Approved Cases List of General Approval ( State delegated) cases Handing/ taking over of forest lands Details of Forest land diverted District/ Division profile Details of Compensatory Afforestation with locations Monitoring report of projects and CA Payments details for CA-CC-NPV-CAT and others Details of violation cases Details of Non- Forest land Acquired- Mutation- Possession Asset created under FCA And all other details relevant to it. 19

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. 20

Application of Forest (Conservation) Act, 1980 New Important & Directives In Final Approval- Any Other condition may be imposed by the State Government: • Many States have imposed- unreasonable conditions and hence this has been withdrawn and • Now, while forwarding any proposal for diversion of forest land, the State should state and include all conditions, which it desires to be imposed, in the original proposal itself, for compliance by the User agency. • The Central Government would examine and stipulate such conditions as it deemed fit. Preamble of FCA-1980; The Environmental degradation and ecological imbalance due to large scale deforestation should be prevented that is the essence of the preamble of FCA. 21

Application of Forest (Conservation) Act, 1980 MONITORING PROFORMA Monitoring of Approved Cases Under FCA-1980 Monitoring Report By---------------------Dated---------------Note: First Go through all the conditions of approval Letter and then- Part-I ( General Particulars) Name of Project: ----------No. & Date of Approval : --------------------------------Area Permitted to Be diverted: ---------------------------District/ Division : ------------------------------------Area Actually Diverted : -------------------------------- Part-II (Details of Compensatory Afforestation) Location: --------------------Extent/ Area: -------------------------District/ Division : -----------------------------Plot No. / Forest Name: -------------------------Forest land/ Non -Forest land ( Notified or Not)----------------------Amount paid by User Agency: Head of Budget : --------------------------------a. Species planted-------- Area--------Year------- Expenditure---------b. If Comp. Afforst. Not done, reasons for the lapse-----------------------c. Conditions of Plantation--- Survival %------ Height------ Girth------- 22

Application of Forest (Conservation) Act, 1980 MONITORING PROFORMA Monitoring of Approved Cases Under FCA-1980 Part-III ( Planting of Dwarf Trees under Tr. Line cases) Head of Budget : --------------------------------a. Species planted-------- Area--------Year------- Expenditure---------b. Conditions of Plantation--- Survival %------ Height------ Girth------- Part-IV ( Reclamation works- mining/ quarrying ) Mining/ quarrying works Completed----- Area-------year-----------------Reclamation work done- Items---- Area----- year----Expenditure-------Condition----- Part-V (Conditions stipulated by GOI ) Terms/ Conditions------ Action Taken---------- Part-VI (Conditions stipulated by State Government ) Terms/ Conditions------ Action Taken---------- Part-VII ( Committee of M/E ) Yes/ No------ If No reasons-----------Report of Committee---------- Part-VIII Abstract of Report------- Remarks CCF----------Effect of the Project on FEW-----Signature------Name-----Seal---- Date------- Date of submission of report---- 23

Application of Forest (Conservation) Act, 1980 THANKS 24