FCA Presentation 21 Oct 2019
FCA Presentation 21 Oct 2019
1865 The British state monopoly over Indian forests was first
asserted through the Indian Forest Act of 1865. This law simply
established the government’s claims over forests.
1988: India launched its National Forest Policy in 1988. This led to a
programme named Joint Forest Management,.
The National Forest Policy of India
1894: The first Forest Policy adopted by
British Colonial Government. It aimed
at a custodial and timber- oriented
management.
1952: The post-independence Forest
Policy of 1952 recommended that 33% of
the area of the country be brought
under forest cover.
1988: The main plank of the revised forest
policy of 1988 is protection,
conservation and development of
forests.
FOREST (CONSERVATION) ACT, 1980
Why enacted?
In the last more than three decades after the enactment of the Act,
the rate of diversion of forest land for non-forestry purposes has
drastically reduced from average 1.50 lakhs ha per annum to about
0.21 lakhs ha per annum.
Salient Features :
Section-2
Contd….
Section 3 A
As ordered by the Supreme Court of India in their order of 12th December 1996 in WP No. 202/1995 in
the matter of T. N. Godavarman Thirumalpad Vs. Union of India:
The term “forest land”, occurring in Section 2, will not only include "forest" as
understood in the dictionary sense, but also any area recorded as forest in the
Government record irrespective of the ownership.
This is how it has to be understood for the purpose of Section 2 of the Act.
Procedure for submission of proposals
All proposals for diversion of forest land for any non-forest purpose, irrespective
of its ownership, requiring prior approval of the Central Government under FCA
shall be submitted to the Nodal officer of the State/UT Government, online in the
appropriate form and as per the procedures & requirements prescribed under the
Forest (Conservation) Rules 2003, as amended from time to time.
Approval in two stages
MoEF&CC, GoI accords prior approval on proposals of the State/UT
Government in two stages:
No work/activity can be taken up in the forest land before issue of order for its
diversion for the non-forest purpose unless and to the extent permitted in the
Forest Conservation (Rules) or guidelines issued there under.
Compensatory Afforestation (CA)
Details of non-forest or degraded forest land, along with land kisam (NF land),
forest type, crown density, etc. (degraded forest) identified for raising CA.
Map showing the proposed NF area for CA and that of the nearby forest area.
Contd…
•Maintenance for 10 years
•Annual total costs in conformity with cost norms of the State/UT.
•Agency responsible for afforestation.
•Details of proposed monitoring mechanism, including infrastructural facility, if any
required by the State/UT Govt.
•Technical and administrative approvals from the competent authority.
•The cumulative achievement of the State/UT Governments in respect of CA.
•Undertaking by the UA to bear the cost of raising and maintenance of CA, Additional
CA and/or penal compensatory afforestation as well as cost for protection and
regeneration of Safety Zone, etc. as per the scheme
Net Present Value (NPV)
1. Forest land falling in National Parks, if permitted 10 times NPV for the forest area
in exceptional circumstances
2. Forest land falling in Wildlife Sanctuaries, if 5 times NPV for the forest area
permitted in exceptional circumstances
3. Non-forest land falling within the National Parks NPV payable for the adjoining forest area
and Wildlife Sanctuaries, if permitted.
4. Non-forest land falling within marine National 5 times NPV for adjoining forest areas
Parks / Wildlife Sanctuaries, if permitted
5. Re-diversion of already diverted forest land Normal NPV for re-diverted forest land, except
when such re-diversion is for the same UA and for
same project (i.e. change of land use for the same
project for which diversion has been approved)
6. Mining area broken up before Normal NPV for the forest area at the time of
25.10. 1980 renewal of mining lease.
Linear Projects: Some Clarifications
Any proposal for linear projects need to be processed in their
entirety
Such orders shall be passed only after full realization of funds for
CA, NPV, and compliance of other conditions in Stage I approval.
Linear projects involving both forest as well as non-forest land, work
on non forest land may be executed subject to submission of details of
all stretches involving forest lands along with alternate alignments
identified to bypass the forest land.
Work on non-forest land will not confer any right on the User Agency
with regard to grant of approval under the Act.
Roads/Railways/Canals
Non-forest lands which were acquired by the concerned Government
departments for construction of roads/railways/canals and the vacant
areas in the Right of Way (RoW) were subsequently planted and notified
as Protected Forests for management purposes will attract the provisions
of Forest (Conservation) Act, 1980.
• Shall determine its completeness within a period of fifteen days of its receipt from the
User Agency.
• Shall communicate the shortcoming(s), to the User Agency within a period of fifteen
days of its receipt from the User Agency ;
Divisional • If the compliance report is complete in all respect, it shall be forwarded to the
Forest Officer Conservator of Forests .
Provided that in cases where for valid and cogent reasons it has not been
possible for the User Agency or the State Government to comply with one or
more of the conditions stipulated in the in-principle approval for obtaining
final approval, the Central Government may extend the period for
compliance of such conditions by further period as it deems fit.
If the User Agency or the State Government is still interested in the project, after
its revocation, they may submit a fresh proposal which shall be considered de-
novo.
Documents/information required (Check List)
Main application form from Part-I to V as prescribed in the Rules under the FCA
with all its columns duly filled up and signed by the competent authority with
date, place and official seal.
Map of the project site/forest area required clearly showing forest boundaries
and adjoining areas with their land use in distinct colors in 1:50,000 or any
suitable scale on original Survey of India topo-sheet.
Enumeration list of trees involved, neatly typed and duly signed by DFO.
Site inspection report of the forest area involved in the project proposal by the
DFO concerned or higher level forest officer.
Suitability certificate from the DFO that the land identified for Compensatory
Afforestation is suitable for raising plantation.
In cases where the proposal under FC Act is under consideration and forest
land is diverted before grant of FC.
File NO;_____________________________
Date of proposal_______________________
1 2 3 4 5 6 7 8
Office Seal…….
Full Title of the Project_________________
File NO;_____________________________
Date of proposal_______________________
1 2 3 4 5 6 7 8
Date:………. Signature of UA
………..Forest Division
Office Seal…….
File NO;_____________________________
Date of proposal_______________________
This is to certify that the forest area involved in the proposal is unavoidable and barest
minimum forest area i.e. ……. Ha area has been proposed diversion.
Date:………. Signature of UA
Countersigned
Divisional Forest Officer
……….Forest Division
Office seal……….
Full Title of the Project_________________
File NO;_____________________________
Date of proposal_______________________
Date:………. Signature of UA
Countersigned
Divisional Forest Officer
……….Forest Division
Office seal……….
File No.;_____________________________
Date of proposal_______________________
Date:………. Signature of UA
Countersigned
Divisional Forest Officer
……….Forest Division
Office seal……….
Site inspection report by an officer not below the rank of DCF/DFO.
(For the forest land to be diverted under FCA)
Date:………. Signature
Name………….
Place………. Designation…….
Office seal……….
File NO;_____________________________
Date of proposal_______________________
Location map of area identified for CA
Location map of non-forest/ degraded forest area identified for compensatory afforestation in
lieu of the proposal for diversion of …. ha of forest land for ………. In ………..District,……
Tehsil……….village:……………Forest Division…….. Forest Range….. block
No/compartment no/survey No……..area ……. Is attached.
File NO;_____________________________
Date of proposal_______________________
Detailed scheme for compensatory afforestation to be carried out in lieu of ……. Ha of forest
area to be diverted for……. In ………..District.
0th Year
1st Year
2nd Year
3rd Year
4th Year
5th Year
6th Year
7th Year
8th Year
9th Year
10th Year
Supervision charges
Total
5. Technical details
a) General details
b) Spacing
c) Species
d) Plantation method
e) Soil and moisture conservation works
f) Protection (fencing, watchman, people’s participation etc)
g) Proposed monitoring mechanism.
h) Any other information