Procedure for clearance under FCA

Procedure for clearance under FCA

 

Implementation of Forest conservation act 1980

 

Forest (Conservation) Act, 1980 was enacted in 1980 to check irrational exploitation of forest and to maintain the ecological balance. This legislation is its endorsement of Government’s will to protect the rich bio-diversity of our forest and wildlife, which is not only the natural heritage of our country, but also the base of our socio-economic progress and the repository of yet unknown panaceas of the future.

The Act also translated into legal term the fact that forests in India are not to be regarded as sources of State revenue, but rather as community resources, sub serving the needs of hundreds of millions of rural people and tribal; and the principal duty of the forest Administration was no longer exploitation of forest wealth, as in colonial times, but conservation of bio diversity and green-cover. Under this act no forest land can be used for non forestry purpose without the prior approval of Central Government. Therefore, all proposals of diversion of such areas to any non-forest purpose can only be permitted by the Central Government.

 

  i.  Three Stage Clearance of Proposals

 (i)  Forestry clearance will be given in three stages. In Ist stage, the proposal shall be agreed to in-principle by GOI, in which usually the conditions relating to transfer, mutation and declaration as RF/PF under the Indian Forest Act,1972, of equivalent non-forest land for compensatory afforestation and funds for raising Compensatory afforestation there of are stipulated and after receipt of compliance report from the State Government in respect of the stipulated conditions, formal approval under the Act shall be issued by GOI. In 3rd stage State Govt. accords Approval of Final Stage Clearance under Section 2 of FCA, 1980.

 (ii) However as per Para 4.2(ii) in cases where compliance of conditions stipulated in the in-principle approval is awaited for more than 5 (five) years from the State Governments. The in-principle approvals would summarily be revoked by Government of India. After the revocation of the in-principle approval, if the State Government / user agency is still  interested in the project, they would be required to submit a fresh proposal which shall be considered de-novo.

(iii)  Approved proposals shall not normally be reopened for review of the conditions, which have been stipulated earlier.

 

Details of rates regarding CA (Compensatory Afforestation) & safety zone 

(Effective from 29-04-13) @ Rs. 166/- per day.

 

1.

CA on alloted non-forest land

Rs. 1,29,150 per hect.

2.

CA on degraded forest land

Rs. 1,08,000 per hect.

3.

Fencing of Safety Zone

(i) Outer fencing
(ii) Inner fencing



Rs. 21,865 per 100 rmt.
Rs. 21,603 per 100 rmt.

4.

Regeneration of Safety Zone

Rs. 49,650 per hect.

 

Net Present Value 

Based on the ecological importance of forest falling in different eco-value and canopy density classes the Net Present Value (NPV) per hectare of forest has been fixed by Hon’ble Supreme Court vide orders dated 28.03.2008 & 9.05.2008 (made applicable with prospective effect) for non-forestry use / diversion of forest land.

 

                CEC (Centrally Empowered Committee) classified the forest taking in view the ecological role and value of the forests and 16 major forest types have been further grouped into 6 ecological classes depending upon their ecological functions.

Eco-Class I – Consisting of Tropical Wet Evergreen Forests, Tropical semi  Evergreen Forests and Tropical Moist Deciduous Forests.

Eco-Class II – Consisting of Littoral and Swamp Forests

Eco-Class III – Consisting of tropical dry Deciduous Forests

Eco-Class IV – Consisting of Tropical Thorn Forests and Tropical Dry     Evergreen Forests.

Eco-Class V – Consisting of Sub-tropical broad Leaved Hill Forests, Sub-Tropical  pine Forests and Sub Tropical Dry Evergreen forests.

Eco-Class VI – Consisting of Montane Wet Temperate Forests, Himalayan Moist Temperate Forests, Himalayan Dry Temperate Forests, Sub  Alpine Forest, Moist Alpine Scrub and Dry Alpine Scrub.

 

NPV (Net Present Value) Rates (in Rs.) per hectare :-

 

Eco-Value class

Very Dense Forest

Dense Forest

Open Forest

Class I

10,43,000

9,39,000

7,30,000

Class II

10,43,000

9,39,000

7,30,000

Class III

8,87,000

8,03,000

6,26,000

Class IV

6,26,000

5,63,000

4,38,000

Class V

9,39,000

8,45,000

6,57,000

Class VI

9,91,000

8,97,000

6,99,000

 

                      The use of forest land falling in National parks / Wildlife Sanctuaries will be permissible only in totally unavoidable circumstances for public interest projects and after obtaining permission from the Hon’ble Supreme Court. Such permissions may be considered on payment of an amount equal to ten times in the case of National Parks and five times in the case of Sanctuaries respectively of the NPV payable for such areas.

     The use of non-forest land falling within the National parks and Wildlife Sanctuaries may be permitted on payment of an amount equal to the NPV payable for the adjoining forest area.   

         In respect of non-forest land falling within marine National parks / Wildlife Sanctuaries, the amount may be fixed at five times the NPV payable for the adjoining forest area.

        As per Guidelines issued by ministry of Environment & Forests Government of India (P.C. Division) vide ltr. Dtd. 25.05.2004 the Net Present Value (NPV) of diverted forest land shall be charged in following categories of cases:

 

(i) In-Principle approval granted after 30-10-2002 but final approval is yet to be granted;

(ii) In-Principle approval granted after 30-10-2002 and final approval has also been granted subsequently;

(iii) In those cases where In-Principle approval was not required, single final approval has been granted after   
           30-10-  2002.

Further, Net Present Value of diverted forest land shall not be charged in those cases where  final approval has been granted prior to 30-10-2002.

 

Guidelines for approval of non-forestry works on Non-Forest land ( Government / Community land) on which Forest Department has carried out plantation works.  

(GOR circular dated 2-9-2006)

 

Authorisation to CF(Conservator of Forests) to issue permission under Rajasthan Forest ACT, 1953

 

  • GOI vide ltr. No. 11-9/98-FC dtd. 16.10.2000 conveyed its general approval
  • PCCF Rajasthan vide ltr. No. F.16(circular)97/FC/PCCF/8660 dtd. 11.12.2000 informed  all CF’s.
  •  Permission is granted for

              i)              Underground laying of optical fibers

              ii)             Underground laying of telephone lines

              iii)            Underground laying of drinking water supply pipelines

 

Which involves

 

a)            no tree felling

b)            are outside National Parks or wild life sanctuary

c)             are laid along the roads & within existing ROW

d)            maximum size of trench is 2 metre depth & 1 metre width

 

  Any deviation from the above category / conditions will require permission from  central  Government under the FCA,1980

  •   Permission is valid till further orders
  •  This approval will be subject to the following conditions:-

i)              the user agency agrees to make good the land after user / maintenance

ii)             the user agency agrees to make good any loss to forest / environment

iii)           the user agency seeks permission from the concerned Dy. Conservator of Forests for carrying out any
          maintenance

Authorisation to State Government to issue permission under FCA, 1980

 

 

  •  PCCF Rajasthan vide ltr. No. F.16(circular)2004/FC/PCCF/1611-1760 dtd. 8.2.2005  informed all Forest officers
  • The general approval is for development works of Government Departments involving forest area less than one ha.

 

  Activities :-

i)  School

ii)  Dispensaries / hospitals

iii)  Electric & Telecommunications lines

iv)  Drinking water projects

v)  Water / rainwater harvesting structures

vi) Minor irrigation canals

vii)  Non-conventional sources of energy

viii) Skill up-gradation / vocational training centres

ix)  Power sub-stations

x)  Communication posts

xi) Construction / widening of roads including approach roads to road 
         side establishments; 

 xii)  Upgradation / strengthening / widening of existing bridges by the Border Roads  Organisation (BRO)

 xiii) Police establishments like police stations / outposts / border outposts / watch towers in sensitive  areas (identified by Ministry of Home affairs)

 

  Conditions

a)  Tree felling not more than 50 trees per ha.

b)   Project site should be outside National parks or wildlife sanctuary or protected areas

 

This general approval is granted up-to 31.12.2018 by MoEF F.No. 11-9 / 98 FC dated 13.2.2014

 

Submission of proposals  

The proposals relating to diversion of forest land should be submitted in 7 (seven) copies in prescribed format directly to the Nodal officer, FCA (Additional Principal Chief Conservator of Forests (Protection), Rajasthan, Jaipur ). The Nodal officer will send the proposals (if complete) so received to the concerned DCF’s for completion of necessary formalities and get them back through Cheif Conservator of Forests.

             However, regarding the proposals for diversion of Forest land in Sanctuaries / National Parks, in view of the orders of the Hon’ble Supreme Court of India, the State Governments have been advised not to submit any proposal for diversion of forest land under FCA, 1980 without seeking prior permission of the Hon’ble Supreme Court. For seeking permission of Hon’ble Supreme Court user agency should submit the proposal in 16 (sixteen) copies to the CWLW (Chief Wild Life Warden) Rajasthan in the prescribed Performas.

 All proposals relating to diversion of forest land upto 40 hectares (except mining) shall be sent directly to the concerned Regional office of the MOEF , Lucknow (in case of Rajasthan) by the State Government. All other proposals (including mining & encroachments) shall be sent by the State Government to the Secretary to the Government of India,MOEF.

 


Certificate, Undertaking & Project Details to be attached with Diversion Proposals

 

For all projects

 

1.  Proposal for diversion of forest land in the relevant Performas i.e. in form ‘A’ (not in form ‘B’, which is for renewal of mining leases).

2.  Original & seven sets of proposal having Part-I to V (part II to V in unfilled condition) along with:-

a.  A certified copy of approved project / plan and Technical & Administrative sanction.

b.  Original G.T. sheet on a 1:50000 scale map showing the required forest land & adjoining boundary of forest land with complete index (legend). Geo-reference boundary in shape file (kml / kmz flies) and a digital map along with a hard copy duly authenticated by competent authority in the State Government of the forest land proposed for diversion, prepared by using Total Station or Differential GPS. G.T. Sheet / Revenue Map & other enclosed certificates / reports in original duly authenticated / signed (in blue ink) by competent authority of user agency and should be legible. 

c. Certified Revenue (khasra) maps from competent revenue authority showing required forest land & adjoining boundary of forest land with complete index (legend)

d. Certified Zamabandi copies of required forest land.

e. Total land details required for the project showing forest & non- forest land showing measurements in meter and area in hectare.

f.  Purpose wise break up of required forest land with complete details of all activities proposed in the project justifying the total forest land required in hectare along with the details showing in the map of required forest land.

g.  Bar chart showing forest / non-forest land in projects (in distinct colours).

h.  A certificate issued by District Collector as per guidelines issued by Govt. of India vide letter No.11-9 / 1998-FC (PT) dated 3.8.2009 & formats issued vide letter dated 5.7.2013 under (ST& OTFD) Scheduled Tribe and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 & NOC from concerned Gram Sabha's.

i.  Consent of all concerned Gram Sabha.

j.  Details of other alternatives explored on non-forest lands & reasons for the rejection of other alternatives explored on non-forest lands with details of forest land involved in each alternative alignment examined in the project by the project authority.

3.   Undertakings to pay NPV (Net Present Value), C.A. (Compensatory Afforestation), A.C.A. (Additional Compensatory Afforestation), P.C.A. (Penal Compensatory Afforestation).

4.   Undertaking to provide equivalent non forest land / allotment / consent letter of the District Collector to provide equivalent non forest land for raising compensatory afforestation. Suitability certificate by Concerning DCF for the proposed non-forest land in respect to Compensatory Afforestation & management point of view.

5.  Certificate regarding minimum forest land required for the proposed project & undertaking that the diverted forest land shall not be used for any purpose other than that specified in the proposal.

6.  Details of employment likely to be generated due to the project.

7.  Cost & cost-benefit analysis of the project.

8.  Details of displacement of people due to the project including Rehabilitation Plan.

9.  If the project is a part of National Park, Wildlife Sanctuary, Biosphere Reserve, Tiger Reserve etc. , comments of Chief Wildlife Warden & approvals of State Board for Wildlife (SBWL), National Board for Wildlife (NBWL) & Hon’ble Supreme Court.

10.  If, project authority is taking forest land for similar / same project in more than one district / forest division, then consolidated proposal with complete details.

11. Index of enclosed documents, certificates, maps mentioning their page number.

12. A detail note on the present and future requirement of forest land (especially for construction of roads & railway line, canal etc.)

13.  Map showing complete details of alternative alignments examined in the project.

(ii) Additional Points for Irrigation/ Hydel projects:

a.  Undertaking & details of Catchment Area Treatment Plan (C.A.T.P.) for irrigation / hydel project.

b.  Complete break up (details) of proposed forest land coming under dam, submergence, canal, approach road etc. along with marking it on the map with complete index (legend).

c. Map showing up-stream & down-stream.

(iii) Additional Points for projects utilizing wind energy:

a.  Undertaking to pay lease rent.

b. Economic viability of the project.

c.  Certificate issued by the Centre for Wind Energy Technology- Chennai.

d.  Copy of approval by Rajasthan Renewable Energy Corporation Limited.

e.  Certificate that Wind Turbines likely to be used on the forest land are approved by Ministry of Non-conventional Energy Sources (Govt. of India)

f.   Undertaking that the project area applied for diversion does not include any area of any National Park or Sanctuary or any area of outstanding natural beauty or natural heritage site or site of archeological importance or any other important landscape

g.  Undertaking that the project area applied for diversion is located at a safe distance from National Park / Sanctuary / natural heritage / archeological importance or any other important landscape.

h.  Undertaking that the project area applied for diversion does not stand in the path or near breeding site of migratory birds and the vane tips of the wind turbines which shall be used in the project shall be painted with orange color to avoid any stray bird hit.

i.  Undertaking that the project area applied for diversion and the locations of the wind mill turbines is at a distance of more than 300 m (the prescribed safe distance) from highway and village habitation.

(iv)  Additional Points for Mining projects:

a.    The proposal for renewal of mining lease in prescribed form i.e. in form “B” (Part I to V with part II to V in unfilled conditions), duly forwarded and Part-I should be signed by Additional Director, Mines & Geology, Udaipur.

b.   Forwarding letter of Additional Director, Mines (Environment & Development), Directorate, Udaipur along with a report clearly mentioning that the proposed area for mining falls in Aravali Hills or not.

c.   A detailed report elaborating the cause of delay in submitting proposal for renewal of mining lease (normally the proposals have to be submitted for renewal to Forest Department, one year prior to the date of expiry of existing date).

d.  Legible copy of the letter No. & Date by which final clearance under Forest (Conservation) Act, 1980 was accorded by the Central Government.

e.  Map showing purpose-wise requirement for broken up & safety zone etc.

f.  Undertaking to pay fencing cost of safety zone.

g.  Approved mining plan for minerals to be excavated.

h.  Central Mining Plan & Development Institute’s (CMPDI Plan) with subsidence analysis report.

i.   Geologist’s report for the proposed forest area.

j.   Details of the safety zone for mining operations, complete details of broken up area/ to be broken.

k.  Undertaking to pay cost for protection and regeneration of Safety Zone, cost of forest produce & properties / buildings etc.

l.   Certificate from competent authority like District Mining Engineer about non-availability of the same mineral in surroundings/ nearby non-forest areas.

m.  A brief detail of all approvals / leases of the same company/ individual which has taken forest land for similar project in the State along with current status of the project/ leases.

n.   Reclamation plan approved by Mining Engineer.

o.   A certificate from ADMG, Udaipur that proposed new mining leases / quarry licenses of minor minerals is not sanctioned in tribal areas (Scheduled Area).

p.   A brief profile of the lessee / company giving details of their existing mining leases in the State with their capacity of production, the present level of average annual production, location of these pits and the status of reclamation of forest land that are exhausted of mineral.

q.  ADMG should submit details of all other mining leases for that particular mineral with their capacity and average annual production and projected future requirements.

r.   Mining engineer should give justification of the necessity of opening new mining leases for that particular mineral.

s.  In case of open cast mining in forest areas, a comprehensive study of solid waste management and land reclamation with post mining land use plan and de-commissioning should be made and annexed with proposal.

t.   In respect of underground mining in stratified deposits in forest areas the mining plan in stratified deposits in forest areas should include the predicted subsidence, slope and strain and their impact on forests and surface and their mitigation.

u.  All mining plans in respect of coal and other major minerals should be accompanied with numerical modeling in 3-Dimension for subsidence prediction through an expert mining engineer / organization to assess long term damage on surface vegetation due to underground mining along with the mitigation measures suggested by them.

v.  Any other technical details / additional information sought by the Department as and when required looking to specific case.

(v)   Additional Points for Re-diversion of already diverted forest land :

         a.   Prior written consent (along with a declaration that no amount has been levied while giving the consent) of the primary user agency.

(GOI letter no  F - 8-66/2009 - FC-pt dated 30.9.2011)

 

FCA APPLICATION Forwarding LETTER :       DOWNLOAD FORM

 

S. No.

Topics

Download(Pdf)

Download(doc file)

1

FORM – ‘ A ’  For seeking prior approval under section 2 of the proposals by the State Governments and other authorities

pdf

Form-A

 

2

FORM – ‘ B ’ For seeking prior approval under section 2 of the proposals by the State Governments and other authorities in respect of RENEWAL OF LEASES, which have been earlier granted clearance under Forest (Conservation) Act, 1980

pdf

Form-B

3

FORMAT: For Proposal Transfer of Lease In Accordance With Para 2.8 Of The Guide Lines Issued Under Forest (Conservation) Act, 1980

pdf

Format

4

PROFORMA FOR PROPOSALS FOR TAKING UP NON FORESTRY ACTIVITIES IN NATIONAL PARKS / SANCTUARIES”

pdf

Format FCA WL