Forest Conservation Act 1980 Forest Conservation Rules 2003

Forest (Conservation) Act, 1980 & Forest ( Conservation ) Rules 2003 by S. Bhadauria IFS Chief Conservator of Forest (FCA) Department of Forest, Env. & Wl Management Government of Sikkim 2/20/2021 1

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: (i) That any reserved forest or any portion thereof shall cease to be reserved. (ii) That any forest land or any portion thereof may be used for any nonforest purposes. (iii) 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. 2/20/2021 2

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(a) The cultivation of cash crops defined in the Act. (b) Any purpose other than reafforestation (c) but does not include works related to conservation, development and management of forest and wildlife. 2/20/2021 3

Nodal Officer of the State (Office) Central Government State Governments Nodal Officer User Agencies 2/20/2021 4

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. 1996 in WP No. 202/1995 – Annexure –I). All proposals for diversions of such areas to any nonforest purpose, irrespective of its ownership, would require the prior approval of the Central Government. 2/20/2021 5

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. 2/20/2021 6

Application of Forest (Conservation) Act, 1980 Form “A” for new proposals Part-III Part-IV Part-V 2/20/2021 : By User Agency : By DFO (T) Concerned : By CF(T) Concerned : By Nodal Officer on behalf of the Department : By the Secretary on behalf of the Government 7

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 2. Map on 1: 50, 000 or 1: 25, 000 scale, SOI toposheet duly authenticated by the 3. Project Authority & DFT(T) concerned. 3. 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. 2/20/2021 8

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 (ix) Distance from RF boundary (x) Wild life areas (xi) Endangered species (xii) 9. Violation (xiii) 10. scheme/ components/ rates/ calculations/ certificate of suitability (xiv) 11. Site Inspection Report (xv) 12. District/division profile- updated (xvi) 13. 2/20/2021 Recommendations -continue next 9

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: 1. 2. 3. 4. 5. 6. 7. Area in Ha. Crop Compensation: Enumeration abstract, No. of trees/poles/shrubs/medicinal plants/NTFPs- and their Crop Compensationproper 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 2/20/2021 10 Compensatory Afforestation

Application of Forest (Conservation) Act, 1980 INSTRUCTIONS (for Part-III CF(T) concerned): (10) Site inspection (11) Authentication of information given in Part-II by (12) DFO (T) (13)(12) Acceptance & Recommendation of Proposal 2/20/2021 11

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. 2/20/2021 12

Application of Forest (Conservation) Act, 1980 INSTRUCTIONS (for Part-V Secretary for Forest, Environment & Wildlife Management Department): (14) Recommendation of State Government (15)Note: Adverse comments made by any officer or (16) authority in Part - II or Part - III or Part – IV (17) above should be specifically commented upon. 2/20/2021 13

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 2/20/2021 To be signed by User Agency & DFO(T) Concerned Total Land ---- In Ha Forest Land ------In Ha Private Land -----In Ha Boundary of R. F. ** ** ** 14

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. 2/20/2021 15

Application of Forest (Conservation) Act, 1980 SUBMISSION OF PROPOSALS (A) 1. 2. 3. 4. 5. User Agency to submit – Nodal Officer – Proposal complete – to concerned DFO (T) with receipt to User Agency. DFO (T) – CF (T) – Nodal Officer – PCCF – State Government – PCCF-cum-Secretary – Government of India SUBMISSION OF PROPOSALS (B) 1. 2. 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. 2/20/2021 16

Application of Forest (Conservation) Act, 1980 TIME PERIOD PRISCRIBED • • 1. 2. 3. 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 & > 5 -40 Ha GOI approval) – 45 days. Government of India > 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. 2/20/2021 17

Application of Forest (Conservation) Act, 1980 Clearances ( Stage-I & Stage-II Final Approval) I- 1. 2. 3. 4. 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 2/20/2021 & Wildlife. 18

Application of Forest (Conservation) Act, 1980 General Approval (For Govt. Departments only) ( For Government Department only) 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 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 2/20/2021 19

Application of Forest (Conservation) Act, 1980 General Approval (For Govt. Departments only) Guide Lines: 1. Forest land to be diverted should be less than one ha. in each case. 2. It should be need based. 3. Legal status shall remain unchanged. 4. User Agency shall submit the proposal in prescribed format. 5. The area should not involve felling of more than 50 Nos. of trees per ha. 6. Area should be out side National Park and Sanctuaries. 7. DFO (T) concerned shall justify the minimum requirement of land i. e. 1 ha. 8. DFO (T) concerned shall maintain all the details properly. 9. Nodal Officer to submit monthly report. 10. Compensatory Afforestation : Two times of trees felled. 11. User Agency to protect flora / fauna and environment in the area. 12. User Agency shall pay for: Compensatory Afforestation, Net Present Value, Crop Compensation and any other. 2/20/2021 20

Application of Forest (Conservation) Act, 1980 DISTRICT/DIVISION PROFILE AS ON 31 st MARCH 2007 Forest (Conservation) Act, 1980 (I) 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) 31 st March 2007 on (a) Forest land including Penal Compensatory Afforestation: 487. 72 Ha (b) Non-forest land (vi) Progress of compensatory afforestation as on (date) 31 st March 2007 (a) Forest land (b) Non-forest land 2/20/2021 Total: : : 0. 00 Ha 487. 72 Ha : 583. 07 Ha 0. 00 Ha Total: 583. 07 Ha 21

Application of Forest (Conservation) Act, 1980 DISTRICT/DIVISION PROFILE AS ON 31 st MARCH 2007 Forest (Conservation) Act, 1980 (II) 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) 31 st 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) 31 st March 2007 (a) Forest land: (b) Non-forest land: 2/20/2021 271. 55 Ha. 13. 014 Ha. Total 284. 564 Ha. 22

Application of Forest (Conservation) Act, 1980 DISTRICT/DIVISION PROFILE AS ON 31 st 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) 31 st March 2007 on (a) Forest land including Penal Compensatory Afforestation: 1151. 49 Ha. (b) Non-forest land: (vi) Progress of compensatory afforestation as on (date) 31 st March 2007 (a) Forest land: (b) Non-forest land: 2/20/2021 7. 276 Ha. Total: 1158. 766 Ha. 800. 405 Ha. 2. 262 Ha. Total: 802. 667 Ha. 23

Application of Forest (Conservation) Act, 1980 DISTRICT/DIVISION PROFILE AS ON 31 st MARCH 2007 Forest (Conservation) Act, 1980 (IV) 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) 31 st 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) 31 st March 2007 (a) Forest land: (b) Non-forest land: 2/20/2021 469. 19 Ha. 2. 50 Ha Total: 471. 69 Ha. 24

Application of Forest (Conservation) Act, 1980 STATE PROFILE AS ON 31 st MARCH 2005 State: Sikkim, Period [ 25 -10 -1980 to 31 -03 -2005] Sl. No. 3 4 5 6 7 Districts East West North South Total State Forest Cover ( Ha) FSI 2001 67000 71200 130100 51000 319300 Clearance under Act so far Purpose of Diversion 2/20/2021 1 2 Forest Land diverted (ha) - 199. 52 45. 88 362. 52 267. 02 874. 94 No. of Proposals - 40 16 33 41 130 Hydel Area Nos. 100. 44 5 10. 65 2 63. 99 5 35. 20 4 210. 28 16 Irrigation Area Nos. 3. 21 1 0. 35 1 0 0 0. 88 3 4. 44 5 25

Application of Forest (Conservation) Act, 1980 STATE PROFILE AS ON 31 st MARCH 2005 State: Sikkim, Period [ 25 -10 -1980 to 31 -03 -2005] Sl. No. 1 2 Districts 3 4 5 6 7 East West North South Total State Mining Area Nos. 0. 62 1 1. 80 1 0 0 2. 42 2 Road/ Railway Area Nos. 51. 26 9 1. 7717 4 295. 85 23 31. 02 12 379. 9 48 Transmission Line Thermal/ Tr. Line Area Nos. 5. 106 5 29. 86 4 0 0 91. 29 9 126. 25 18 Others Area Nos. 38. 89 19 1. 45 4 2. 68 5 108. 63 13 151. 65 41 Stipulated Non Forest land Degd. Forest land 0 403. 41 15. 78 223. 44 7. 276 1134 2. 70 426. 20 25. 75 2187. 05 Achieved Non Forest land Degd. Forest land 0 569. 16 13. 014 268. 00 2. 262 770. 00 2. 5 440. 75 17. 77 2047. 91 Compensatory Afforestation Abstract: 1. Stipulated Compensatory Afforestation = 2212. 80 Ha. 2. Achieved Compensatory Afforestation = 2065. 69 Ha. 2/20/2021 Hence, the Compensatory Afforestation % of stipulated = 93. 35 % 26

Application of Forest (Conservation) Act, 1980 Cost –Benefit Analyses[ Annexure-VI (a)] Category of Proposals for which Cost-Benefit Analysis is Applicable Sl. No. Nature of Proposal Applicable/ Not- Applicable Remarks 1. All categories: up to 20 Ha in plains & 5 ha in Hills Not applicable To be considered on case by case & Value 2. Defence proposal and Oil prospecting Not applicable National priority and minimum forest land diversion 3. Habitation, Industrial Unit, Tourist Lodges and other building construction Not applicable Such proposals would be rarely entertained 4. All other proposals: more than 20 Ha in plains & 5 Ha in Hills Applicable Cost benefit analysis is necessary to determine over all public interest. 2/20/2021 27

Application of Forest (Conservation) Act, 1980 Cost –Benefit Analyses[ Annexure-VI (b)] Parameters for Evaluation of Loss of Forests Sl. No. Parameters Road/Tr. Line 1. Loss of forest produce including loss of man days, lively wood on annual basis. To be quantified and express in monitoring terms. 2. Loss of Animal Husbandry including fodder. -do- 3. Cost of human re-settlement. -do- 4. Loss of public facilities. -do- 5. Environmental losses. -do- 6. Suffering to oustees. 2/20/2021 Miner Irrigation Projects/quarrying Medium & major irrigation, Hydel & others 28

Application of Forest (Conservation) Act, 1980 Cost –Benefit Analyses[ Annexure-VI (c)] Parameters for Evaluation of benefit, Notwithstanding with Loss of Forests Sl. No. Parameters Road/Tr. Line Miner Irrigation Projects/quarrying Medium & major irrigation, Hydel & others 1. Increase in productivity To be quantified 2. Benefits to economy Value judgment 3. Number of population benefited. -do- 4. Employment potential. -do- 5. Cost of non-forest land. To be quantified 6. Loss of Agriculture / Animal Husbandry. To be quantified 7. Cost of rehabilitation and resettlement To be quantified 8. Cost of supply of free fuel wood. To be quantified 2/20/2021 -do. Value judgment -do- 29

Application of Forest (Conservation) Act, 1980 Rates of Charging the Net Present Value ( NPV) ( Rs. in lakhs/Ha) Gazette/ Notification No. 363, 23 rd October 2003, No. 538/FEWD, dated 22/10/2003 Density Classes► Group Composition of Crops▼ <0. 2 -<0. 3< 0. 4 < 0. 5< 0. 6 < 0. 7<0. 8 >0. 8 A. Special Class I & it forming more than 50% of crop 6. 04 6. 52 7. 00 7. 48 7. 96 8. 44 8. 92 9. 20 B. Special Class I & II forming less than 50% of crop 6. 01 6. 43 6. 85 7. 27 7. 69 8. 11 8. 53 8. 75 C. Class A forming 5. 99 6. 37 more than 50% of crop 6. 75 7. 13 7. 51 7. 89 8. 27 8. 50 D. Class A forming 5. 97 6. 32 less than 50% of crop 6. 67 7. 02 7. 37 7. 72 8. 07 8. 25 2/20/2021 30

Application of Forest (Conservation) Act, 1980 Rates of Charging the Net Present Value ( NPV) ( Rs. in lakhs/Ha) Gazette/ Notification No. 363, 23 rd October 2003, No. 538/FEWD, dated 22/10/2003 Density Classes► Group Composition of Crops▼ <0. 2 -<0. 3< 0. 4 < 0. 5< 0. 6 < 0. 7<0. 8 >0. 8 E. Class A forming 5. 96 less than 50% of crop 6. 28 6. 60 6. 92 7. 24 7. 56 7. 88 8. 10 F. Class B forming more than 50% of crop 5. 95 6. 25 6. 55 6. 85 7. 15 7. 45 7. 75 7. 90 G. Other Classes forming the crop 5. 94 6. 22 6. 50 6. 78 7. 06 7. 34 7. 62 7. 80 Note: 1. Values shown in table above are in lakhs of Rupees per hectare of forest land diverted. 2/20/2021 31

Application of Forest (Conservation) Act, 1980 Rates of Charging the Net Present Value ( NPV) ( Rs. in lakhs/Ha) Gazette/ Notification No. 363, 23 rd 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 30/10/20022/20/2021 32

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. 2/20/2021 33

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: 2/20/2021 34

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. 2/20/2021 35

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 Location of the Compensatory Aff. Marked in Coloured Name of Location Area wise & in ha. for different location. Name of RF / Khasmal, Gaucharan / others Range / Division 2/20/2021 To be signed by DFO(T) Concerned 36

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: 1. 2. 3. 4. 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 2/20/2021 37

Application of Forest (Conservation) Act, 1980 THANKS 2/20/2021 38