In pursuance of sub-rule (1) of Rule 9 of the Forest (Conservation) Rules, 2003, the Central Government hereby authorizes the Chief Conservator of Forests, Regional Office, Ministry of Environment and Forests, having regional jurisdiction over the forest land in respect of which any offence under the Forest (Conservation) Act, 1980 is alleged to have been committed, to file complaints against persons prima facie found guilty of such offence, in the Court having jurisdiction in the matter. (Ministry of Environment and Forests, Notification No. S.O. 1186(E), dated October 1, 2003, published in the Gazette of India, Extra.

S.1.1 Definition

(i) The term 'Forest land' mentioned in Section 2 of the Act refers to reserved forest, protected forests or any area recorded as forest in the Government records. Lands which are notified under Section 4 of the Indian Forest Act would also come within the purview of the Act. (Supreme Court's Judgement in NTPC's case). All proposals for diversions of such areas to any non-forest purpose, even if the area is privately owned, would require the prior approval of the Central Government.

(ii) The term "tree" for the purpose of this Act will have the same meaning as defined in Section 2 of the Indian Forest Act, 1927 or any other Forest Act which may be in force in the forest area under question.

S.1.2 Clarifications

(i) The cases in which specific orders for dereservation or diversion of forest areas in connection with any project were issued by the State Government prior to 25-10-1980, need not be referred to the Central Government. However, in cases where only administrative approval for the project was issued without specific orders regarding dereservation and/or diversion of forest lands, a prior approval of the Central Government would be necessary.

(ii) Harvesting of fodder grasses, legumes etc. which grow naturally in forest areas, without removal of the tree growth, will not require prior approval of the Central Government. However, lease of such areas to any organisation or individual would necessarily require approval under the Act.

S.1.3 Investigation and Survey

(i) Investigations and surveys carried out in connection with development projects such as transmission lines, hydro-electric projects, seismic surveys, exploration for oil drilling etc., will not attract the provisions of the Act as long as these surveys do not involve any clearing of forest or cutting of trees, and operations are restricted to clearing of bushes and lopping of tree branches for purpose of sighting.

(ii) If, however, investigations and surveys involve clearing of forest area or felling of trees, prior permission of the Central Government is mandatory.

(iii) Notwithstanding the above, survey, investigation and exploration shall not be carried out in wildlife sanctuaries, national parks and sample plots demarcated by the Forest Department without obtaining the prior approval of the Central Government, whether or not felling of trees is involved.

(iv) The work of actual construction would however, fully attract the provisions of the Act and prior

S.1.4 Explanation Regarding Non-Forest Purpose

(i) Cultivation of tea, coffee, spices, rubber and palm is a non-forestry activity, attracting the provisions of the Act.

(ii) Cultivation of fruit-bearing trees or oil-bearing plants or medicinal plants would also require prior approval of the Central Government except when:

 (a) The species to be planted are indigenous to the area in question; and

 (b) Such planting activity is part of an overall afforestation programme for the forest area in question.

S.1.5 Tusser Cultivation

(i) Tusser cultivation in forest areas by the tribals as a means of their livelihood without undertaking mono-cultural Asan or Arjun plantations shall be treated as a forestry activity. Therefore, no prior approval of the Central Government under the Act is necessary.

(ii) Tusser cultivation in forest areas for which specific plantation of Asan or Arjun trees are undertaken for providing host trees to the silk cocoons shall be treated as forestry activity not requiring prior approval of the Central Government provided such plantation activity does not involve any felling of existing trees; provided further that while undertaken such plantations, at least three species are planted, of which no single species shall cover more than 50% of the planted area.

(iii) Plantation of mulberry for silkworm rearing is a non-forestry activity, attracting the provisions of the Act.

S.1.6 Mining

(i) Mining including underground mining is a non-forestry activity. Therefore, prior approval of the Central Government is essential before a mining lease is granted in respect of any forest area. The Act could apply not only to the surface area which is used in the mining but also to the entire underground mining area beneath the forest. A renewal of an existing mining lease in a forest area also requires the prior approval of the Central Government. Continuation or resumption of mining operation on the expiry of a mining lease without prior approval would amount to contravention of the Act.

(ii) The advice of the Ministry of Law, Government of India in regard to the Supreme Court Order in Civil Appeal No. 2349 of 1984 dated 7-5-1985 is at Annexure - III.

(iii) Boulders, bajri, stone, etc., in the riverbeds located within forest areas would constitute a part of the forest land and their removal would require prior approval of the Central Government.

S.1.7 Clarification on sub-clause 2(iii) of the Act

(i) The sub-clause shall not be attracted when any forest land or any portion thereof is assigned to any authority, corporation, agency or any other organisation wholly owned, managed or controlled by the concerned State/ Union Territory Government and/or the Central Government. Such Government owned, managed or controlled authority/corporation/agency, which has been assigned such forest land shall not reassign it or any part thereof to any other organisation or individual.

(ii) Any scheme or project which involves assignment of any forest land by way of lease or similar arrangement, for any purpose whatsoever, including afforestation, to any private person or to any authority/agency/ organisation not wholly owned, managed or controlled by the Government (such as private or joint sector ventures) shall attract the provisions of this sub-clause.

S.1.8 Clarification on sub-clause 2(iv) of the Act

(i) Sub-clause 2 (iv) of the Act prohibits clearing of naturally grown trees in forest land for the purpose of using it for reforestation. The provisions of this sub-clause will be attracted if the forest area in question bears naturally grown trees and are required to be clear-felled, irrespective of their size, for harnessing existing crop and/or raising plantation through artificial regeneration techniques, which may include coppicing, pollarding or any other mode of vegetative propagation.

(ii) All proposals involving clearing of naturally grown trees in any forest area, including for the purpose of reforestation, shall be sent by the concerned State/UT Government in the form of Management Plans/Working Plans to the Regional Chief Conservator of Forests of the concerned Regional Office of the Ministry of Environment and Forests.

(iii) All proposals in respect of sanction of Working Plans/Management Plans shall be finally disposed of by the Regional Office, under S

S.1.9 Clarification on Section 3B of the Act

(i) Each case of the violation of the Act shall be reported by the concerned State/Union Territory Government to the Central Government.

(ii) The report of violation shall be described in a self-contained note and supported by requisite documents, including particularly the names and designations of the officials/persons who are prima facie responsible for the contravention of the Act.

(iii) In case it is not possible to fix the responsibility for commission/omission of any action leading to the violation of the Act, a full explanation with relevant supporting documents shall be appended to the report.

(iv) Any person and/or authority nominated by the Central Government may be required to discharge any of the duties, including prosecution under the Act in any Court as may be deemed appropriate for this purpose. In such an eventuality, the Government of the concerned State/Union Territory shall make available all such records or documents as may be called upon

S.1.10 Diversion of Forest Land for Regularisation of Encroachments

Detailed guidelines issued in this regard vide this Ministry's No. 13.1/90 - F.P. (1) dated 18-9-90 shall be strictly followed. These are included in Annexure IV.

S.3.1 Compensatory Afforestation

(i) Compensatory afforestation is one of the most important conditions stipulated by the Central Government while approving proposals for dereservation or diversion of forest land for non-forest uses. It is essential that with all such proposals, a comprehensive scheme for compensatory afforestation is formulated and submitted to the Central Government.

(ii) The detailed compensatory afforestation scheme along with details of non-forest/degraded forest area identified for compensatory afforestation, map, etc., is required to be submitted in the prescribed form.

S.3.2 Land for Compensatory Afforestation

(i) Compensatory afforestation shall be done over equivalent area of non-forest land.

(ii) As far as possible, the non-forest land for compensatory afforestation should be identified contiguous to or in the proximity of Reserved Forest or Protected Forest to enable the Forest Department to effectively manage the newly planted area.

(iii) Where non-forest land of compensatory afforestation is not available in the same district, non-forest land for compensatory afforestation may be identified anywhere else in the State/UT as near as possible to the site of diversion, so as to minimise adverse impact on the micro-ecology of the area.

(iv) Where non-forest lands are not available or non-forest land is available in less extent to the forest area being diverted, compensatory afforestation may be carried out over degraded forest twice in extent to the area being diverted or to the difference between forest land being diverted and available non-forest land, as the case

S.3.3 Elements of Schemes for Compensatory Afforestation

(i)The scheme for compensatory afforestation should contain the following details:-

 (a)  Details of equivalent non-forest or degraded forest land identified for raising compensatory afforestation.

 (b)  Delineation of proposed area on suitable map.

 (c)  Agency responsible for afforestation.

 (d) Details of work schedule proposed for compensatory afforestation.

 (e) Cost structure of plantation, provision of funds and the mechanism to ensure that the funds will be utilised for raising afforestation.

 (f) Details of proposed monitoring mechanism.

S.3.4 Lands Identified for Compensatory Afforestation to be Transferred to the Forest Department

(i) Equivalent non-forest land identified for the purpose are to be transferred to the ownership of the State Forest Department, and declared as protected forests so that the plantation raised can be maintained permanently. The transfer must take prior to the commencement of the project.

 (ii)  The compensatory afforestation should clearly be an additional plantation activity and not a diversion of part of the annual plantation programme.

 (iii) In each case where the afforestation target is over 500 hectares in plains, and 200 hectares in hills, a Monitoring Committee shall be established with a nominee of the Central Government to oversee that the stipulations, including those pertaining to compensatory plantation are carried out.

S.3.5 Special Fund

(i) The State/UT Government should create a special fund to which the individual user agency will make its deposits for compensatory afforestation. The Forest Department, or any other technically competent agency which is assigned the job of compensatory afforestation should fully utilise this amount for implementation of the afforestation scheme approved by the Government of India, and keep separate and meticulous account thereof.

S.4

Where the forest growth consists of coconut groves or similar tall trees, width of right of way greater than those indicated at Sl. No. 3 may be permitted in consultation with the CEA.

S.Annexure VI(a)

Annexure VI(a)

S.Annexure VI(b)

Annexure VI(b)

S.1 Preamble

1.1 The growing awareness for nature & wildlife conservation has made zoos a popular institution. Estimates indicate that 10% of the world's population visit zoos every year. There are about 350 animal collections in India, which are visited by more than 50 million people annually.

1.2  While there is a history of scientific interest, conservation and welfare of captive wild animals in the country, many zoos have evolved from menageries and private collections, and most zoos until the last two decades were set up mainly for entertainment and recreation. As wildlife resources were abundant in the past, scientific knowledge about the behavioural and biological requirements of animals did not receive adequate attention, with the result that scientific management of wild animals in captivity has evolved slowly.

1.3  The need for making conservation as one of the main objectives of management of zoos was realised by Government of India soon after independence and

S.2

The National Forest Policy, 1988 has also observed the increasing trend in encroachments on forest land and stated that these should not be regularised. Implementation of this pronouncement has been examined by this Ministry keeping in view the constraints of various State Governments some of whom have expressed that they stand committed to regularise encroachments of a period prior to 1980. The issue figured prominently in the Conference of the Forest Ministers held in May, 1989 and was later examined by an inter-Ministerial Committee, set up by this Ministry in consultation with the representatives of some of the States. Keeping in view the recommendations of the Forest Ministers' Conference and the Committee referred to above, and with due approval of the competent authority, the following measures are suggested for review of the old encroachments and effective implementation of the pronouncement made in this regard in the National Forest Policy, 1988.

2.1. All the ca

S.3 ENCROACHMENTS THAT TOOK PLACE AFTER 24-10-1980

3.1 In no case encroachments which have taken place after 24-10-1980 should be regularised. Immediate action should be taken to evict the encroachers. The State/UT Government may, however, provide alternate economic base to such persons by associating them collectively in afforestation activities in the manner suggested in this Ministry's letter No. 6-21/89-FP dated 1.6.90, but such benefits should not extend to fresh encroachers.

Clarification

A reference is invited to the guidelines issued by this Ministry for regularisation of certain cases of forest encroachments reproduced above. The relevant paragraph 1.1 of the guidelines, which clarifies the cases of encroachments, which subject to specified conditions, would be eligible for regularisation, is reproduced below :

"Such cases are those where the State Governments had evolved certain eligibility criteria in accordance with local needs and conditions and had taken a decision to regularise such encroachments

S.5

Accordingly, the State Governments may take up for implementation only such decision of pre 25-10-1980 period which could not be implemented because of Forest (Conservation) Act, 1980 intervening and propose regularisation of encroachments as per those decisions and in accordance with the eligibility criteria laid down in those decisions. No encroachments not covered by any pre 25-10-1980 decisions - even though they might have occurred prior to that date - should now be considered for regularisation in terms of our guidelines.

S.4.1 Delegation of Powers

(i) All proposals involving diversion/ dereservation of forest land up to 20 hectares, and proposals for clearing of naturally grown trees in forest area or portion thereof shall be sent by the concerned State/UT Government to the concerned Regional Office of MOEF.

 (ii) Chief Conservator of Forests of the concerned Regional Office shall be competent to finally dispose of all proposals (including decision regarding violation of Act) involving diversion/dereservation of forest land up to 5 hectares, except in respect of proposals for regularisation of encroachments and mining (including renewal of mining leases). Similarly, proposals involving clearing of naturally grown trees in forest area or portion thereof for reforestation shall also be finally disposed of by the Chief Conservator of Forests of the concerned Regional Office, subject to guidelines/instructions issued in this regard (refer to para 1.8) and any other instructions issued from time to time.

&n

S.4.2 Two Stage Clearance of Proposals

Forestry clearance will be given in two stages. In Ist stage, the proposal shall be agreed to in principle, and after receipt of compliance report from the State Government in respect of compliance of the stipulated conditions regarding transfer and mutation of non-forest area identified for compensatory afforestation, if any, and transfer of funds in favour of Forest Department, etc., formal approval under the Act shall be issued.

S.4.3 Anticipatory Action by the State / UT Governments

Cases have come to the notice of the Central Government in which permission for diversion of forest land was accorded by the concerned State Government in anticipation of approval of the Central Government under the Act and/or where work has been carried out in forest area without proper authority. Such anticipatory action is neither proper nor permissible under the Act which clearly provides for prior approval of the Central Government in all cases. Proposals seeking ex-post-facto approval of the Central Government under the Act are normally not entertained. The Central Government will not accord approval under the Act unless exceptional circumstances justify condonation. However, penal compensatory afforestation would be insisted upon by the MOEF on all such cases of condonation.

S.4.4 Projects Involving Forest as well as Non-forest Lands

Some projects involve use of forest land as well as non-forest land. State Governments/project authorities sometimes start work on non-forest lands in anticipation of the approval of the Central Government for release of the forest lands required for the projects. Though the provisions of the Act may not have technically been violated by starting of work on non-forest lands, expenditure incurred on works on non-forest lands may prove to be infructuous if diversion of forest land involved is not approved. It has, therefore, been decided that if a project involves forest as well as non-forest land, work should not be started on non-forest land till the approval of the Central Government for release of forest land under the Act has been given.

S.4.5 Diversion for Construction of Houses

(i) On a proposal for construction of houses the late Prime Minister had observed :

"Destruction of our forest has already caused great damage to our environment.

 Therefore, I am not at all in favour of use of forest land for construction of houses... The State Government should find other land for such purposes."

  The Central Government will not entertain any proposal for diversion of forest land for construction of residential or dwelling houses.

(ii) Diversion of forest land for construction of other buildings also will not be normally considered. However, such diversion may be allowed for construction of schools, hospitals/dispensaries, community halls, co-operatives, Panchayats, tiny rural industrial sheds of the Government etc., which are to be put up for the benefit of the people of that area, but such diversion should be strictly limited to the actually needed area and further it should not exceed one hectare in each case.

S.4.6 Excavation of Minor Minerals from the River Beds

(i) Extraction of minor minerals like boulders, bajri, stone, shell, etc. from the river beds shall not be permitted if the river bed is in a national park or a wildlife sanctuary unless such extraction is for the benefit of the forest or wildlife.

(ii) There shall be no labour camp in the forest area for the labour involved in the extraction work.

(iii) Extraction of minor minerals shall be from the middle of the river bed after leaving one fourth of the river bed on each bank untouched.

S.4.7 Safety Zone for Mining Operations

Forest area required for safety zone for mining operations should not be part of the forest area proposed for diversion. However, it should be indicated separately in the proposal. Such area will have to be fenced at the cost of the project authority. Further, project authority will have to deposit funds with the Forest Department for the protection and regeneration of such safety zone area and also will have to bear the cost of afforestation over one and a half times of the safety zone area in degraded forest elsewhere.

S.4.8 Catchment Area Treatment Plan for Irrigation Projects

Proposals for diversion of forest land for major and medium irrigation projects shall invariably be accompanied by detailed catchment area treatment plan. However, in respect of minor irrigation project, catchment area treatment plan will not be insisted.

S.4.9 Special Arrangement in case of Large Projects

In case of large projects, depots for fuel wood should be set up by project authorities who will also arrange alternate fuel like coal, kerosene, biogas, LPG, electricity etc. The supply should be free of cost to the labourers and free or at subsidised rates to the other staff as may be determined by the project authorities.

S.4.10 Site Inspection

(i) The proposed forest area shall be inspected by a responsible Forest Officer of the State Government. If the area is very important from the forestry angle, the territorial Conservator should himself inspect the area and give complete information relating to the forest and aspects of wildlife. The scientific names of important timber species should be given while describing composition of the forest crop. If the area is relatively less important, the DFO could inspect the area. The Inspecting Officers should clearly record in item 13 of the proforma if any violation is observed like tree felling, land breaking etc., in that area by the user agency. In any case the recommendations of the Chief Conservator of Forests should be categorical and specific and should be sent with photographs of inspected sites, highlighting the aspects observed, especially when the area is large or is sensitive and fragile.

(ii) In respect of proposals involving diversion of forest land above 40

S.4.11 Complete Details

While forwarding the proposal to the Central Government, complete details in all aspects of the case should be given. Incomplete and deficient proposal will not be considered and will be returned to the State Government in Original.

S.4.12 Specific Time Limits

(i) To ensure speedy disposal of proposals, specific time limits have to be laid down for disposal of references at various levels. Efforts should be made to dispose of each reference at the State Government level within a maximum period of 60 days. Specific instructions may be issued in this regard to officers at all levels.

(ii)  Cases which are complete in all respects shall be disposed of within 90 days by the Central Government.

S.4.13 Quarterly Progress Report

In all cases the States will submit quarterly reports regarding the implementation of the stipulations laid down by the Government of India while approving the project and future clearance of projects of the States and Union Territories concerned will depend upon the fulfilment of the stipulations.

S.4.14 Rejection/Reopening of Cases

In cases where the State Government is requested to furnish clarifications or additional information relating to a proposal, all particulars should be made available to the Central Government within 60 days. If such particulars are not received within a maximum of 90 days, the proposal may be rejected by the Central Government for non-furnishing of essential information. Such cases could be reopened provided the following conditions are satisfied :

(a)  all the required information has been made available.

(b)  delay in providing the information is satisfactorily explained, and

(c)  there is no change in the proposal in terms of scope, purpose and other important aspects.

S.4.15 Nodal Officer

(i) Separate cells for dealing with diversion of forest land cases should be opened at the State Government and PCCF levels. A whole-time senior officer not below the rank of Conservator of Forests should head the cell, who should be designated as the Nodal Officer.

(ii)  The Nodal Officer should receive cases from the user agencies and entertain all correspondence from them. He should scrutinise and process the case and after obtaining views/certificate of the Chief Conservator of Forests, should put up the case to State Government. Besides office staff, the Nodal Officer should also be given sufficient field staff to facilitate timely processing. The State Government while forwarding cases to the Central Government may endorse copies to the Chief Conservator of Forests and the Nodal Officer. The Central Government may also, while corresponding with the State Government, send copies to the Nodal Officer. The Nodal Officer should also obtain all additional information re

S.2.1 General

(i) Rule 4 of the Forest (Conservation) Rules, 1981 prescribes the procedure for submission of proposals for seeking prior approval of the Central Government under Section 2 of the Act. The form appended to the Rules, specifies the particulars to be furnished with the proposal. Only proposal in the prescribed format, and complete in all respects, will be considered.

(ii)  All proposals relating to diversion of forest land up to 20 hectares and proposals for clearing of naturally grown trees for reforestation shall be sent directly to the concerned Regional Office of the MOEF. All other proposals shall be sent to Secretary to the Government of India, MOEF.

(iii)  Adverse recommendations of subordinate officers in prescribed form or in the documents attached with the form should invariably be commended upon by the Principal Chief Conservator of Forests/Chief Conservator of Forests. Similarly, adverse recommendation by the PCCF/CCF should be commented upon by th

S.2.2 Particulars to be Furnished along with the Proposal

(i) Map of the forest area required showing boundary of the adjoining forests, etc., is to be furnished along with the prescribed form. This should normally be on 1 : 50,000 scale. However, if maps on 1 : 50,000 scale not available, map on 1"=1 mile or 1" = 4 miles or any other suitable scale would be acceptable. If the area is very small, an index map may be submitted showing forest boundaries and a location map on a larger scale with a land use of the area required.

(ii) Species-wise and diameter class-wise abstract of trees to be felled should be furnished in the prescribed form. Total enumeration is necessary only up to 10 hectares. For larger areas, species-wise and diameter class-wise abstract of trees may be computed either from the working plans or by standard sampling methods.

(iii)  The projects for roads and railway line construction will be processed in their entirety. Therefore, proposals in piecemeal should not be submitted. A note on the presen

S.2.3 Proposals Requiring Clearance from Environmental Angle

(i) All hydel projects, irrigation projects with a command area of over 10,000 hectares and all mining projects involving diversion of forest area of more than 20 hectares shall require clearance from the environmental angle. Therefore, all such proposals shall be simultaneously referred to the Environment Wing of the MOEF for clearance from environmental angle along with the proposal for forest clearance.

(ii)  Notwithstanding the above, if in the opinion of the Ministry or the Advisory Committee, any proposal should be examined from the environmental angle, it may be required that the project proponent refer the case to the Environment Wing of the MOEF.

(iii)  It has been decided that under the Single Window Clearance Scheme, proposals which require approval under the Act as well as clearance from the environment angle shall be processed simultaneously and decision taken for both together. A separate communication of sanction on each of the proposals may be

S.2.4 Simplified Procedure for Certain Categories of Proposals

(i) In respect of proposals for laying of transmission lines, pipelines for drinking water supply and exploratory drilling for prospecting of oil which do not involve any felling or cutting of tree, only the following particulars may be furnished in the prescribed form:

(a)  Map of the area required along with geographical location of the project.

(b)  Purpose for which forest land is required to be used.

(c)  Extent of forest area to be diverted.

(d)  Legal status of forest land.

(e)  Whether forest land forms part of national park, wildlife sanctuary, biosphere reserve or forms part of the habitat of any endangered or threatened species of flora and fauna.

(f)  Whether no alternative alignment is possible to avoid or minimise use of forest land and, whether, the required forest area is the minimum needed for the purpose. A certificate in this regard is to be furnished by the concerned Divisional Forest Officer

S.2.5 Diversion of Forest Land for Widening or Expansion or Realignment of Road/Rail/Canal

Whenever diversion of protected or reserve forest land is required for realigning of road/rail/canal, permission would be granted subject to the condition that non-forest land saved on account of such realignment, would be declared as protected forest. The proposal from the State/Union Territory Government will have to be comprehensive indicating clearly the land asked for and saved on account of the proposed realignment of the road/ rail/canal.

S.2.6 Cost-benefit Analysis

(i) While considering proposals for dereservation or diversion of forest land for non-forest use, it is essential that ecological and environmental losses and socio-economic distress caused to the people who are displaced are weighed against economic and social gains.

(ii) Annexure VI (a) details the types of projects for which cost-benefit analysis will be required. Annexure VI (b) lists the parameters according to which the cost aspect will be determined, while Annexure VI(c) gives the parameters for assessing the benefits accruing.

(iii) A cost-benefit analysis as above should accompany the proposals sent to the Central Government for clearance under the Act.

S.2.7 Plan for Rehabilitation of Oustees

(i) If the project involves displacement of people, a detailed Rehabilitation Plan shall be submitted along with the proposal for diversion of forest land. The Scheduled Tribe and Scheduled Caste population should be separately considered, and a plan for their rehabilitation should be in consonance with their socio-economic, cultural and emotional lifestyle.

(ii) The Government of India do not allow diversion of forest land for rehabilitation of people. However, such diversion may be considered as a special case, if diversion of forest land is essentially required for the rehabilitation of persons belonging to Schedule Tribes, Scheduled Castes and other people who may have to shifted from the core zone of a national park or reserve.

S.Forest (Conservation) Amendment Act, 2023 All Amendments Incorporated at Appropriate place

S.Guidelines specifying the terms and conditions to be abided by the State Government or Union territory, while considering exemptions provided under sub-section (2) of section 1A All Amendments Incorporated at Appropriate place