FOREST (CONSERVATION) RULES, 2003
[Published in Gazette on India: Extraordinary on the 10th January 2003 including Forest
(Conservation) Amendments Rules, 2004 Published in Gazette on India: Extraordinary on the 3 rd
February, 2004 and Corrigendum on 9th February, 2004]
-------------G.S.R. 23(E)-In exercise of the powers conferred by sub-section (1) of section 4 of t he Forest
(Conservation) Act, 1980 (69 of 1980), and in supersession of the Forest (Conservation) Rules,
1981, except as respect things done or omitted to be done before such supersession, the Central
Government hereby makes the following rules, namely:1. Short title, extent and commencement –
(1) These rules may be called the Forest (Conservation) Rules, 2003(2) They shall extend to the whole of India except the State of Jammu and
Kashmir.
(3) They shall come into force on the date of their publication in the Offical
Gazette.
2. Definitions- in these rules, unless the context otherwise requires:(a) “Act” means the Forest (Conservation) Act, 1980 (69 of 1980);
(b) “Committee” means the Forest Advisory Committee constituted under section
3 of the Act;
(c) “Chairperson” means the Chairperson of the committee;
(d) “Member” means a member of the committee;
(e) “Nodal Officer” means any officer not below the rank of Conservator of
Forest, authorized by the State Government to deal with the forest
conservation matter under the Act;
(f) “Regional Office” means a Regional Office of the Central Government in the
Ministry of Environment and Forest established as part of the ministry to deal
with the forest conservation matters under the Act;
(g) “Section” means a section of the Act;
(h) “User Agency” means any person, organization or Company or Department of
the Central or State Government making a request for diversion or denotification of forest land for non-forest purpose or using forest land for nonforest purpose in accordance with the permission granted by the Central
Government under the Act or the rules.
3
Composition of the Forest Advisory Committee:(1) The Forest Advisory Committee shall be composed of the following members,
namely:(i)
The Director General of Forest, Ministry of Environment and ForestsChairperson
(ii)
The Additional Director General of Forests,
Ministry of Environment and Forests
- Member
(iii)
The Additional Commissioner (Soil Conservation),
Ministry of Agriculture
- Member
(IV)
Three non-official members who shall be experts one each in Mining,
Civil Engineering and Development Economics –
- Members
1
(2)
(V) The Inspector General of Forests (Forest Conservation),
Ministry of Environment and Forests
-Member Secretary
The Additional Director General of Forests shall act as Chairperson in the absence
of the Director General of Forests.”
Constitution of the Regional Empowered Committee
A regional Empowered Committee Shall be constituted at each of the Regional
Offices and Shall consist of the following members, namely:
(i) The Regional Principal Chief Conservator
of Forests (Central)
- Chairperson
(II) Three non-official members who shall be experts one each
in Mining, Civil Engineering and Development Economics
- Members
(iii) The Conservator of Forests or the Deputy Conservator
of Forests in the Regional Office
-Member Secretary
(2)
The Terms of appointment of non-official Members shall be as specified in rule 4
of these rules.
Terms of appointment of non-official members shall be as follows –
(i)
A non-official member shall hold his office for a period of two years;
(ii)
A non-official member shall cease to hold office if the becomes of unsound mind,
becomes insolvent or is convicted by court of law on a criminal offence involving
moral turpitude;
(iii)
A non-official member may be removed from his office if he fails to attend three
consecutive meetings of the Committee without any sufficient cause or reasons;
(iv)
Any vacancy in the membership caused by any reason mentioned in clauses (ii)
and (iii) shall be filled by the Government for the unexpired portion of two years
term.
(v)
Travelling and daily allowance shall be payable to the non-official members of the
Committee at the highest rate admissible to the Government servants of Group
‘A’ under the rules and orders made by the Central Government and for the time
being in force.
(1)
4.
5.
Provided that the payment of travelling allowance and daily allowance to a
member who is a Member of the Parliament or a Member of the parliament or a
Member of a State Legislature shall be regulated in accordance with the Salary,
Allowance and pension of Members of Parliament Act, 1954 (30 of 1954) or the
respective provisions of law pertaining to the member of the concerned State
Legislature.
Conduct of business of the Committee(i)
(ii)
(iii)
The Chairperson shall call the meeting of the Committee whenever considered
necessary but not less than once in a month.
The meeting of the committee shall be held at New Delhi.
In case where the Chairperson is satisfied that inspection of site or sites of forest
land proposed to be used for non-forest purposes shall be necessary or expedient
in connection with the consideration of the proposal or proposals received under
sub-rule (3) of rule 6, he may direct that the meetings of the committee to be held
at a place other than New Delhi from where such inspection of site or sites is
necessary.
2
(iv)
(v)
(vi)
6.
The Chairperson shall preside over every meeting of the Committee at which he is
present.
Every question upon which the Central Government is required to be advised
shall be considered in the meeting of the Committee provided that in urgent cases
if the meeting cannot be convened within a month, the Chairperson may direct
that papers may be circulated and sent to the members for their opinion within
the stipulated time.
The quorum of the meeting of the Committee shall be three.
Submission of proposal seeking approval of the Central Government under Section 2 of
the Act.
(1)
Every User Agency who want to use any forest land for non-forestry purposes,
shall make its proposal in the relevant Form appended to these rules, i.e. From ‘A’
for proposals seeking first time approval under the Act, and Form ‘B’ for proposal
seeking renewal of leases, where approval of the Central Government under the
Act had already been obtained , to the Nodal Officer of the concerned State
Government or the Union Territory Administration, as the case may be, along with
requisite information and documents, complete in all respects.
(2)
The User Agency shall endorse a copy of the proposal, along with a copy of the
receipt obtained from the office of the Nodal Officer, to the concerned Divisional
Forest Officer or the Conservator of Forest, Regional Office as well as the
Monitoring Cell of the Forest Conservation Division of the Ministry of
Environment and Forests, Paryavaran Bhawan, CGO Complex, New Delhi-110-003
(3)(a) After having received the proposal, the State Government or the Union Territory
Administration, as the case may be, shall process and forward it to the Central
Government within a period of two hundred and ten days of the receipt of the
proposal including the transit period.
(b) The Nodal Officer of State Government or as the case may be, the Union Territory
Administration, after having received the proposal under sub-rule (1) and on
being satisfied that the proposal is complete in all respects and requires prior
approval under section 2 of the Act, shall send the proposal to the concerned
Divisional Forest Officer within a period of 10 days of the receipt of the proposal:
Provided that on the determination regarding completeness of the proposal or
the expiry of ten days, whichever is earlier, the question of completeness or
otherwise of the proposal shall not be raised.
(c) If the Nodal Officer of the State Government or the Union Territory
Administration, as the case may be finds that the proposal is incomplete, he shall
return it within the period of ten days as specified under clause (b), to the User
Agency and this time period shall not be counted for any future reference.
(d) The Divisional Forest Officer or the Conservator of Forests shall examine the
factual details and feasibility of the proposal, certify the maps, carry out siteinspection and enumeration of the tree and forward his findings in the format
specified in this regard to the Nodal officer within a period of ninety days of the
receipt of such proposal from him.
3
(e) (i)
The Nodal Officer, through the principal Chief Conservator of Forests, Shall
forward the proposal to State Government or the Union Territory Administration,
as the case may be, along with his recommendations, within a period of thirty
days of the receipt of such proposal from the Divisional Forest Officer or the
Conservator of Forests.
(ii)
The State Government or the Union Territory Administration, as the case
may be, shall forward the complete proposal, alongwith its recommendation, to
the Regional Office or the Ministry of Environment and Forests, Paryavaran
Bhawan, CGO Complex, New Delhi-110-003, as the case may be, in the specified
Forms within a period of sixty days of the receipt of the proposal from the Nodal
Officer;
provided that all proposals involving clearing of naturally grown trees on the
Forest land or a portion thereof for the purpose of using it for reforestation shall
be sent in the form of working plan or Management Plan.
Provided further that the concerned State Government or as the case may be, the
Union Territory Administration, shall simultaneously send the intimation to the
User Agency about forwarding of the proposal, alongwith its recommendations, to
the Regional Office or the Ministry of Environment and Forests as the case may
be.
(b) If the proposal, alongwith the recommendations, is not received from the
concerned State Government or the Union Territory Administration, as the case
may be, till fifteen days of the expiry of the time limit as specified under clause
(a), it shall be construed that the concerned State Government or as the case may
be, the Union Territory Administration, has rejected the proposal and the
concerned State Government or the Union Territory Administration shall inform
the User Agency accordingly.
Provided that in case the State Government or the Union Territory
Administration, as the case may be subsequently forward the proposal, alongwith
its recommendations, to the Regional Office or the Ministry of Environment and
Forests, as the case may be, the proposal shall not be considered by the Central
Government unless an explanation for the delay to the satisfaction of the Central
Government is furnished, together with action taken against any individual held to
be responsible for the delay.
(4)
The proposal referred to in clause (e)(ii) of Sub-rule (3), involving forest land upto
forty hectares shall be forwarded by the concerned State Government or as the
case may be, the Union Territory Administration, alongwith its recommendation,
to the Chief Conservator of Forests or the Conservator of Forests of the concerned
Regional Office of the Ministry of Environment and Forests, Government of India,
who shall, within a period of forty five days of the receipt of the proposal from the
concerned State Government or the Union Territory Administration, as the case
may be (a) decide the diversion proposal upto five hectare other than the
proposal relating to mining and encroachments, and (b) process, scrutinise and
forward diversion proposal of more than five hectares and upto forty hectares
including all proposals relating to mining and encroachment upto forty hectares,
along with the recommendations, if any to the Ministry of Environment and
Forest Paryavaran Bhawan, CGO, Complex, New Delhi-110-003, for obtaining the
decision of the Central Government and inform the State Government or the
4
(5)
(6)
7.
Union Territory Administrations, as the case may be, and the User Agency
Concerned.
The Regional Empowered Committee shall decide the proposal involving diversion
of forest land upto forty hectares other than the proposal relating to mining and
encroachment, within forty-five days of the receipt of such proposal from the
State Government or the Union Territory Administration, as the case may be:
Provided that the Central Government may, if consider it necessary, enhance or
reduce the limit of the area of the forest land.
The proposal referred to in clause (e)(ii) of sub-rule (3), involving forest land of
more than forty hectare shall be forwarded by the concerned State Government
or as the case may be, the Union Territory Administration, alongwith its
recommendations, to the Ministry of Environment and Forests, Paryavaran
Bhawan, CGO Complex, New Delhi-110003
Committee to advice on proposal received by the Central Government –
(1)
(1A)
(2)
The Central Government shall refer every proposal, complete in all respect,
received by it under sub-rule (6) of rule 6 including site inspection report,
wherever required, to the Committee for its advice thereon.
These proposal shall be processed and put up before the Committee and the
recommendations of the Committee shall be placed within a period of ninety days
of the receipt of such proposal from the State Government or the Union Territory
Administration, as the case may be, before the Central Government for its
decision.
The committee Shall have due regard to all or any to the following matters while
tendering its advice on the proposals referred to it under sub-rule (1), namely :(a)
(3)
8.
Whether the forests land proposed to be used for non-forest purpose
forms part of nature reserve, national park, wildlife sanctuary, biosphere
reserve or forms part of the habitat of any endangered or threatened
species of flora and fauna or of an area lying in severely eroded
catchment;
(b)
Whether the use of any forest land is for agricultural purposes or for the
rehabilitation of person displaced from their residences by reason of any
river valley or hydro-electric project;
(c)
Whether the State Government or the Union Territory Administration, as
the case may be has certified that it has considered all other alternatives
and that no other alternative in the circumstances are feasible and that
the required area is the minimum needed for the purpose; and
(d)
Whether the State Government or the Union Territory Administration, as
the case may be undertakes to provide at its cost for the acquisition of
land of an equivalent area and afforestation thereof.
While tendering the advice, the Committee may also suggest any conditions or
restrictions on the use of any forest land for any non-forest purpose, which in its
opinion, would minimize adverse environment impact.
Omitted
5
9.
Proceeding against person guilty of offences under the Act(1) The Central Government may, by notification, authorize any officer not below the
rank of Conservator of Forests or the Concerned Forest officer having territorial
jurisdiction over the forest land in respect of which the said offence is said to have been
committed, to file complaints against the person(s) prima-facie found guilty of offence
under the Act or the violation of the rules made thereunder, in the Court having
jurisdiction in the matter.
Provided that no complaint shall be filed in the court, without giving the person(s) or
officer(s) or authority (s) against whom the allegation of offence exist, an opportunity to
explain his or their conduct and to show cause, by issuing a notice in writing of not less
than sixty days, as to why a complaint should not be filed in the court against him or
them for alleged offences.
(2)
The Officer authorized by the Central Government in sub-rule (1) may require any
state Government or its officer or any person or any other authority to furnish to it within
an specified period any reports, documents, statistics and any other information related
to contravention of the Act or the rules made thereunder, considered necessary for
making a complaint in any court of jurisdiction and every such State Government or
officer or person or authority shall be bound to do so.
6
Appendix
(See Rule 6)
From-‘A’
Form for seeking prior approval under section 2 of the proposals
by the State Government and other authorities
PART-I
(to be filled by user agency)
1.
Project details:
(i)
Short narrative of the proposal and project/scheme for which the forest land is
required.
(ii)
Map Showing the required forest land, boundary of adjoining forest on a
1:50,000 scale map.
(iii)
Cost of the project.
(iv)
Justification for locating the project in forest area
(v)
Cost benefit analysis (to be attached).
(vi)
Employment likely to be generated.
2.
Purpose wise break-up of the total land required.
3.
Detail of displacement of people due to the project, if any:\
(i)
Number of families.
(ii)
Number of Scheduled Castes/Scheduled Tribe families.
(iii)
Rehabilitation plan. (To be enclosed )
4.
Whether clearance under the environment (Protection) Act, 1986 required? (Yes/No)
5.
Undertaking to bear the cost of raising and maintenance of compensatory afforestation and/or
penal compensatory afforesation as well as cost for protection and regeneration of Safety Zone,
etc. as per the scheme prepared by the state Government (undertaking to be enclosed).
6.
Details of Certificates/documents enclosed as required under the instructions.
Signature
(Name in Block letters)
Designation
Address (of User Agency)
Date:
Place:
State serial No. of proposal_____________
(To be filled up by the Nodal Officer with date of receipt)
7
PART – II
(to be filled by the concerned Deputy Conservator of Forests)
State Serial No. of Proposal
7.
Location of the Project/scheme
(i)
State/Union Territory.
(ii)
District
(iii)
Forest Division
(iv)
Area of Forest land proposed for diversion (in ha.)
(v)
Legal status of Forest
(vi)
Density of vegetation.
(vii)
Species-wise (Scientific names) and diameter class-wise enumeration of tress
(to be enclosed. In case of irrigation/hydel project enumeration at FRL, FRL-2
meter &FRL-4 meter also to be enclosed.)
(viii)
Brief note on vulnerability of the forest area to erosion.
(ix)
Approximate distance of proposed site for diversion from boundary of forest.
(x)
Whether forms part of Nation Park, wildlife sanctuary, biosphere reserve, tiger
reserve, elephant corridor, etc. (if so, the details of the area and comments of
the Chief Wildlife Warden to be annexed).
(xi)
Whether any rare/endangered/unique species of flora and fauna found in the
area-if so details thereof.
(xii)
Whether any protected archaeological/heritage site/defence establishment or
any other important monument is located in the area. If so, the details thereof
with NOC from competent authority, if required.
8.
Whether the requirement of forest land as proposed by the user agency in col. 2 of
part-I is unavoidable and barest minimum for the project, if no, recommended area
item wise with details of alternatives examined.
9.
Whether any work in violation of the Act has been carried out (Yes/No). if yes, details
of the same including period of work done, action taken on erring officials. Whether
work in violation is still in progress.
10.
Details of compensatory afforestation scheme:
(i)
Details of non forest area/ degraded forest area identified for compensatory
afforestation, its distance from adjoining forest, number of patches, size of
each patch.
(ii)
Map showing non-forest/degraded forest area identified for compensatory
afforestation and adjoining forest boundaries.
(iii)
Detailed compensatory afforestation scheme including species to be planted,
implementing agency, time schedule, cost structure, etc.
8
(iv)
Total financial outlay for compensatory afforestation scheme.
(v)
Certificate from competent authority regarding suitability of area identified
for compensatory afforestation and from management point of view. (To be
signed by the concerned Deputy Conservator of Forest).
11.
Site inspection report of the DCF (to be enclosed) especially highlighting facts asked in
col. 7 (xi, xii), 8 and 9 above.
12.
Division/District profile:
(i)
Geographical area of the district.
(ii)
Forest area of the district.
(iii)
Total forest area diverted since 1980 with number of cases.
(iv)
Total compensatory afforestaton stipulated in the district/division since 1980
on
(a) forest land including penal compensatory afforestation,
(b) non Forest land.
(v)
progress of compensatory afforestation as on (date)_________on
(a) Forest land.
(b) Non-Forest land.
13.
Specific recommendation of the DCF for acceptance or otherwise of the proposal with
reason.
Signature
Name
Official Seal
Date:-__________
Place:-___________
9
PART – III
(To be filled by the concerned Conservator of Forests)
14.
Whether site, where the forestland involved is located has been Yes / No
inspected by concerned Conservator of Forests? If yes, the date
of inspection of observations made in form of inspection note to
be enclosed.
15.
Whether the concerned Conservator of Forests agree with the
information given in Part-B and the recommendations of Deputy
Conservator of Forests.
16
Specific recommendation of concerned Conservator of Forests
for acceptance or otherwise of the proposal with detailed
reasons.
Date :
Signature
Name
Office Seal
Place :
10
PART – IV
(To be filled in the Nodal Officer or Principal Chief Conservator Forests or Head of Forest Dept.)
17.
Detailed opinion and specific recommendation of the State
Forest Department for acceptance of otherwise of the proposal
with remarks.
(while giving opinion, the adverse comments made by concerned
Conservator of Forests or Deputy Conservator of Forests should
be categorically reviewed and critically commented upon)
Date :
Signature
Name
Office Seal
Place :
11
PART-V
(to be filled in by the Secretary in charge of Forest Department or by any other authorized officer of the
State Govt. not below the rank of any Under Secretary)
18.
Recommendation of the State Government (Adverse comments
made by any officer or authority in Part-B or Part-C or Part-D
above should be specifically commented upon)
Date :
Signature
Name
Office Seal
Place :
12
CHECK LIST
PROPOSAL FOR DIVERSION OF FOREST LAND FOR NON FORESTRY USE UNDER
FOREST (CONSERVATION ACT, 1980
S.No.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
Name of the Document (s)
Provided
or Not
Check list of the project proposal
Demand letter of the project authority/applicant, if submitted
Main application form from Part-I to V as prescribed in the rules
under Forest (Conservation) Act 1980, with all its columns duly
filled up and signed by the competent authority with date, place
and their official seal. All the information of part-1 of the form-A
including Item wise breakup of the forest area required must be
given in the form itself by expending the columns
Detail note on the project. It must include the information
regarding the number of villages and number of persons to be
benefited from the project including employment generation.
Map of the project site/forest area demanded clearly showing
forest boundaries and adjoining areas with their land use in district
colours in 1:50000 or any suitable scale on original Survey of
India toposheet. It the area is very small in addition in above, an
index map may be submitted showing forest boundaries and a
location map on a larger scale with land use of the area required
duly signed by DFO/CF concerned.
Lay out plan of project site. In case of linear diversions of forest
land. Linear map or a diagrammatic map of the project site, if it is
not a linear diversion, should be enclosed.
Statement showing the details of forest area involved i.e. Survey
No./Coupe No./Compartment No. etc. and item wise break up of
forest area proposed for diversion duly signed by DFO.
Statement showing the details of non forest area involved in the
proposal.
Certificate from the Collector/Deputy Commissioner that no
alternative suitable non forest land is available for the project in
question.
Justification for locating the project in forest area to be submitted
by User Agency and countersigned by DFO.
Certificate for minimum use of forest land to be submitted by the
user agency, giving details of area and trees involved in the
alternatives examined and reasons for their rejection duly
countersigned by DFO.
Cost benefit analysis as per the guidelines issued under forest
(Conservation) Act, 1980 in prescribed format. wherever required.
No Objection Certificate from local bodies except in cases of
linear diversion and public utility projects
Status of clearance under Environment (Protection ) Act, 1986
wherever required.
Detail scheme for rehabilitation of project affected persons,
wherever required.
Detail Catchment Area Treatment Plan, wherever required. The
CAT Plan should beprepared on the basis of actual survey of area
13
If not
Provided
Why ?
Page
Number
17
18
19
20
21
and its classification in various categories requiring different
engineering/afforestation and other treatments in phased manner.
Detail Reclamation Plan, wherever required. It should be realistic
exhaustive and complete in all respects alongwith relevant maps in
distinct colours. It should also include the details of back fillings,
afforestation and execution of such works, wherever required.
In case of proposal regarding Road/Railway lines, Transmission
line, the following information/documents must be given :b) Length and width of Road/Railway line/ Transmission
line passing through forest and non forest area.
c) Length of road already existing/constructed out of the
total length involved in the project proposal.
d) In case of Transmission line :i) Number of towers to be erected both in forest and
non forest area.
ii) Width of the right of way for transmission line.
In case of proposal regarding Hydro Electric Projects the
following information/documents must be given :a) Component wise total area requirement
b) Copy of memorandum of understanding
c) Copy of Techno-Economic clearance
d) Copy of Implementation Agreement
e) NOC from I&II department
f) Authorization to the applicant by Project
Authority.
In case of mining proposal, the following information/documents
must be given :a)
Certificate from the competent authority like District
Mining Officer/Geologist, regarding non-availability of
the same mineral/ore in the nearly non-forest area.
b) Estimated reserve of each mineral/ore in the forest area
and non forest area.
c) Total area demanded and extent of forest area involved in
the proposed mining lease shown in distinct colours on
relevant maps
d) Proposed period of mining lease.
e)
Minimum distance of the proposed site from Wildlife
Sanctuary and National Park.
f)
A copy of the mining plan duly approved by IBM,
Nagpur be enclosed.
g) Phased reclamation plan of the project area.
h) Copy of lease deed/agreement entered into with the district
authorities.
i) The details of Safety Zone Area for the mining as per para
4.7 of the guidelines. The undertaking from the project
authority to bear the cost of fencing of safety zone area
and afforestation over one and half times of degraded
forest area. The details of safety zone to be ascertained
by the competent authority viz.. Indian Bureau of Mines/
Deptt. of Geology and Mining of state Govt.
In case of a retail outlet of an oil company the following
information/documents must be given :a) Copy of letter of intent issued by the oil Company.
b) Site selection certificate as per Govt. of India guidelines. The
DFO should certify the distance between two retail outlets on
either side of the outlet in question.
c) Layout plan showing dimensions of proposed approach road
for entry and exit the clear area calculation.
d) The area calculation for the curves should invariably be given
in the layout plan.
14
22
23
24
25
26
27
28
29
30
31
Undertaking by User Agency to bear the cost of compensatory
afforestation duly counter signed by the DFO
Undertaking by User Agency to pay the Net Present Value (NPV)
of the forest land involved duly countersigned by DFO.
Species wise and Girth class wise enumeration list and abstract of
trees (abstract to be given at the end of the list) standing on the
forest area in question neatly typed or computerized and duly
signed by DFO.
Site inspection report of the forest area involved in the project
proposal by concerned DFO or higher level forest officer in
prescribed format.
Details of non forest land/degraded forest area identified for
compensatory afforestation viz.. Survey No./Compartment No.,
Village, Tehsil, District etc. along with map or in 1:4 mile scale
along with the boundaries of adjoining areas with their and use in
distinct colours.
Detailed scheme for compensatory afforestation on identified nonforest area/ degraded forest area at prevalent wage rates duly
signed by DFO and counter signed by the CF concerned. The CA
scheme must include all the technical details, details of work
schedule, total financial outlay and proposed monitoring
mechanism.
Certificate from the DFO, that non forest land selected for
compensatory afforestation is in a compact block and contiguous
to forest area or in closed proximity of forest area and suitable
from the management and protection point of view.
Suitability certificate from Divisional Forests Officer that the area
identified for compensatory afforesation is suitable for raising
plantation.
Certificate from the Chief Secretary regarding non availability of
non forest land in the state for raising compensatory afforestation,
wherever applicable
Any other information/documents attached. Please specify
Date………………
Divisional Forests Officer
Place……………
….……….Forest Division
Office Seal_____________
Countersigned by
Conservator of Forests,
North Circle, Haryana, Panchkula
15
CHECK LIST SERIAL NUMBER-07
STATEMENT SHOWING DETAILS OF FOREST AREA
PROPOSED FOR DIVERSION
S.No.
District
Divison
Range/Tehsil/Village
Khasra/ Survey or
Compartment
Number of Km.
Stone
1
2
3
4
5
Date………………
Place……………
Divisional Forests Officer
….……….Forest Division
Office Seal_____________
16
Forest Area
proposed
for
Diversion
(Ha.)
6
Legal
status
of
Forest
Area
7
Remarks
8
-
CHECK LIST SERIAL NUMBER-08
STATEMENT SHOWING DETAILS OF NON FOREST AREA
INVOLVED IN THE PROPOSAL
S.No.
District
Divison
Range/Tehsil/Village
Khasra/ Survey or
Compartment
Number of Km. Stone
1
2
3
4
5
Place :.........................
Non Forest
Area
involved in
the
proposal
(Ha.)
6
Signature of User Agency
Office Seal
Date :..........................
Forwarded by :-
Divisional Forests Officer
….……….Forest Division
Office Seal_____________
17
Present
land Use
Remarks
7
8
CHECK LIST SERIAL NUMBER-11
CERTIFICATE FOR MINIMUM USE OF FOREST LAND
This is to certify that the forest area involved in the proposal unavoidable and
barest minimum forest area i.e.
ha. area is proposed diversion.
Place :.........................
Signature of User Agency
Office Seal
Date :..........................
Counter signed by :-
Divisional Forests Officer
….……….Forest Division
Office Seal_____________
18
CHECK LIST SERIAL NUMBER-22
UNDERTAKING FOR PAYMENT OF COST OF COMPENSATORY
AFFORESTATION
I/We
, hereby, undertake to pay the
entire amount for compensatory afforestation in lieu of the forest area diverted for
as per prevailing wage rates at the time of plantation.
Place :.........................
Signature of User Agency
Office Seal
Date :..........................
Counter signed by :-
Divisional Forests Officer
….……….Forest Division
Office Seal_____________
19
CHECK LIST SERIAL NUMBER-23
UNDERTAKING FOR PAYMENT OF NET PRESENT VALUE OF
FOREST AREA
It is to certify that I/We
for diversion of
have
ha. of forest area for the purpose of
I/We, hereby, undertake to pay the net present value (NPV) of the above forest land.
Place :.........................
Signature of User Agency
Office Seal
Date :..........................
Counter signed by :-
Divisional Forests Officer
….……….Forest Division
Office Seal_____________
20
applied
CHECK LIST SERIAL NUMBER : 25
SITE INSPECTION REPORT NOT BELOW THE RANK OF DCF
(For the Forest land to be diverted under FCA)
A proposal has been received by this office from ______________________ for
diversion (under FCA-1980) of ________ ha. of forest land for non forestry purpose. The subject
envisages the use of forest land for__________________________________ the site inspection
of the land involved in the proposal has been done by me on dated ...................................
On inspection of the site, it is found that the land required by the user agency is a
P.F. Strip forest measuring 0.0054 ha.
The requirement of forest land as proposed by the user agency in Col. 2 of part-I is
unavoidable and is barest minimum required for the project.
Whether any rare/ endangered/ unique species of flora and fauna found in the
area. If so, the details thereof.
Whether any protected archaeological/ heritage site/ defence establishment or any
other important monument is located in the area. If so, the details thereof with NOC from
competent authority, if required.
Xx (a)
(b)
The user agency has not violated the provisions of Forest (Conservation) Act, 1980
and no work has been started without proper sanction (Yes/No).
It has been found that the user agency has violated the Forest (Conservation) Act,
1980 provisions. A detailed report as per para 1.9 of Chapter 1, Part C of Hand book
of Forest (Conservation) Act, 1980 is attached (Yes/No).
NA
Specific recommendation for acceptance or otherwise of the proposal.
Place :............................
Date: .............................
N.B. (x)
(xx)
(Signature)
Name ........................................
Designation ..............................
Office Seal ...............................
State the purpose for which the forest land is proposed to be diverted.
Out of (a) and (b) tick ( ) the option which is applicable and cross ( ) the option
which is not applicable.
As per latter number 2-2/2000-FC dated 16-10-2000 from Ministry of Environment
Forests, Government of India for proposal involving less than 40 Ha. of Forest land , the site
inspection report from DCF is required and for proposal involving more than 40 Ha. of forest land
site inspection report from the Conservator of Forests is required.
21
CHECK LIST SERIAL NUMBER : 26
LOCATION MAP
Location Map of Non Forest/Degraded Forest Area identified for Compensatory
Afforestation in lieu of proposal for
diversion of
________Ha. of forest land for
____________________________in _____________________________ District.
Village:________________________Tehsil______________________District:__________Forest
Division__________________
Forest
Range:-_______________________________
No./Compartment No./Survey No.:-__________________________Area:-_________
e.g.
Map attached
Area to be taken for Compensatory Afforestation
Divisional Forests Officer
….……….Forest Division
22
Block
CHECK LIST SERIAL NUMBER:-27
“SCHEME FOR C.A. / PENAL C.A.” (Model-1)
Name of the Forest/Reach to be diverted .............................................................................
Forest Area = ............. ha.
Details of degraded forest land/non-forest land where C.A. is to be carried out.
Division ............ District ............ Tehsil .............. Village ................ Range ...................
C.A. Site name ................................................
Area to be Afforested :i)
Whether the site selected for Compensatory Afforestation is a
Land bank or Not:- No, the site selected for compensatory afforestation is not a
land bank.
ii)
If the CA site is other than the land bank, reasons be given:- There is no land bank
in District
. Plantation will be done in protected forest areas.
In case of non-forest area identified for CA, then what is the distance of CA
site from the adjoining forest boundary :-
iii)
Soil type: ....................
iv)
Topography
a. Hilly/Undulating/Plain:
b. Slope:-Steep/Medium/Gentle
v)
Whether the area is bearing any root stock of vegetation:-
Plantation Model:Copy of the approved Compensatory Afforestation Scheme/Model showing component
wise physical and financial break up is as under ;
1. Schedule of Plantation Programme:Detail of year wise break-up of requirements of funds is as under:The plantation cost is calculated for Tall Plantation norms at 6m x 6m spacing and 166
plants per RKM and it is approved by the PCCF, Haryana's letter No.D-X-66-C/2111-30 dated 157-2009 at the wage rate of Rs. 148/- per day as under:S.No.
1
2
3
4
5
Year
I st Year Plantation
II nd Year Plantation
III rd Year Plantation
IV th Year Plantation
V th Year Plantation
Total
23
Rate per Plant
Rs. 94/- Per Plant
Rs. 32/- Per Plant
Rs. 8/- Per Plant
Rs. 8/- Per Plant
Rs. 8/- Per Plant
Rs. 150/-
Area to be Diverted = .......... ha.
Area to be planted (one / two / ten times the diverted area) = ................. ha.
No. of trees to be felled = ...................
No. of plants to be damaged = .................
Number of Plants to be Planted [@ 1000 Plant Per Hectare] = ..............
S.No
(A)
RATE
DESCRIPTION
Net Present Value of Forest Land to be
diverted
Compensatory
Afforestation No. of
Charges
Plants
st
(1) 1 Year cost of afforestation
(2) 2nd Year maintenance
(3) 3rd Year maintenance
(4) 4th Year maintenance
(5) 5th Year maintenance
(6) Barbed wire fencing charge
Total C.A. charges (1 to 6)
Supervisory / Overhead / Miscellaneous
Charges
(B)
(C)
Rs. 8.87 Lacs/ Per Ha.
Rs. 94/- Per Plant
Rs. 32/- Per Plant
Rs. 8/- Per Plant
Rs. 8/- Per Plant
Rs. 8/- Per Plant
Rs.60000/- Per RKM
10% on the total CA
charges
TOTAL (A+B+C) [to be deposited in CAMPA fund]
1) Felling charges
D
Volume = ................... m3
Rs. 650/- per m3
2) Plantation damage charges
Rs. 150/- per plant
Total (1+2) [to be deposited in Haryana Govt. Revenue Account]
Any other charges (if necessary)
GRAND TOTAL
E
2.
TOTAL AMOUNT
(Rs.)
Technical details:Technical details of Compensatory Afforestation Scheme are as follows:a) General Details:b)
c)
d)
e)
f)
g)
h)
Plantation will be done with 3 strand barbed wire in
Reserved/Protected forests.
Spacement:6 × 6 meter, T.P. Planting
Species:Neem, Shisham, Jamun, etc.
Plantation Method :Tall Plantation
Soil and Moisture Conservation Works:- Nil
Protection (Fencing, Watch man, People’s Participation etc.):- Fencing
Proposed Monitoring Mechanism:- (M&E),
Any Other information:Divisional Forest Officer
Note : CF (T) should countersign this C.A. scheme if area to be afforested is more
than 5 hectare.
24
CHECK LIST SERIAL NUMBER:-27
“SCHEME FOR C.A. / Penal C.A.” (Model-2)
Name of the Forest/Reach to be diverted .............................................................................
Forest Area = ............. ha.
Details of degraded forest land/non-forest land where C.A. is to be carried out.
Division ............ District ............ Tehsil .............. Village ................ Range ...................
C.A. Site name ................................................
Area to be Afforested :i)
Whether the site selected for Compensatory Afforestation is a
Land bank or Not:- No, the site selected for compensatory afforestation is not a
land bank.
ii)
If the CA site is other than the land bank, reasons be given:- There is no land bank
in District
. Plantation will be done in protected forest areas.
In case of non-forest area identified for CA, then what is the distance of CA site
from the adjoining forest boundary :-
iii)
Soil type: ....................
iv)
Topography
a. Hilly/Undulating/Plain:
b. Slope:-Steep/Medium/Gentle
v)
Whether the area is bearing any root stock of vegetation:-
Plantation Model:Copy of the approved Compensatory Afforestation Scheme/Model showing component
wise physical and financial break up is as under ;
1. Schedule of Plantation Programme:Detail of year wise break-up of requirements of funds is as under:The cost of plantation is calculated for ridge plantation model of 500 plants per RKM at 2
m x 2 m spacing and per plant cost is approved by PCCF, Haryana vide his letter No. D-X-66C/2111-30 dated 15-7-2009 at the wage rate of Rs. 148/- per day as under :S.No.
1
2
3
4
5
Year
I st Year Plantation
II nd Year Plantation
III rd Year Plantation
IV th Year Plantation
V th Year Plantation
Total
25
Rate per Plant
Rs. 55/- Per Plant
Rs. 10/- Per Plant
Rs. 5/- Per Plant
Rs. 5/- Per Plant
Rs. 5/- Per Plant
Rs. 80/-
Area to be Diverted = .......... ha.
Area to be planted (one / two / ten times the diverted area) = ................. ha.
No. of trees to be felled = ...................
No. of plants to be damaged = .................
Number of Plants to be Planted [@ 1000 Plant Per Hectare] = ..............
S.No
(A)
(B)
(C)
D
Rate
DESCRIPTION
Net Present Value of Forest Land to be
diverted
Compensatory
Afforestation No. of
Charges
Plants
(1) 1st Year cost of afforestation
(2) 2nd Year maintenance
(3) 3rd Year maintenance
(4) 4th Year maintenance
(5) 5th Year maintenance
(6) Barbed wire fencing charge
Total C.A. charges (1 to 6)
Supervisory / Overhead / Miscellaneous
Charges
2.
Rs. 8.87 Lacs Per Ha.
Rs. 55/- Per Plant
Rs. 10/- Per Plant
Rs. 5/- Per Plant
Rs. 5/- Per Plant
Rs. 5/- Per Plant
Rs.60000/-Per RKM
10% on the
CA charges
total
TOTAL (A+B+C) [to be deposited in CAMPA fund]
1) Felling charges
Volume = ................... m3
Rs. 650/- per m3
2) Plantation damage charges
E
TOTAL AMOUNT
(Rs.)
Rs. 150/- per plant
Total (1+2) [to be deposited in Haryana Govt. Revenue Account]
Any other charges (if necessary)
GRAND TOTAL
Technical details:Technical details of Compensatory Afforestation Scheme are as follows:a) General Details:Plantation will be done with 3 strand barbed wire in
Reserved/Protected forests.
b) Spacement:2 × 2 meter, Plants planting
c) Species:Neem, Shisham, Jamun, etc.
d) Plantation Method :Tall Plantation
e) Soil and Moisture Conservation Works:- Nil
f) Protection (Fencing, Watch man, People’s Participation etc.):- Fencing
g) Proposed Monitoring Mechanism:- (M&E),
h) Any Other information:Divisional Forest Officer
Note : CF (T) should countersign this C.A. scheme if area to be afforested is more
than 5 hectare.
26
CHECK LIST SERIAL NUMBER : 29
“LAND SUITABILITY CERTIFICATE BY DFO (T)
”
This is to certify that………….ha. land bearing Survey No./ Compartment
No…………………..of
village………………………….………….Tehsil………………
District……………………….
identified for Compensatory Afforestation is suitable for plantation from management point
of view and is free from all sorts of encumbrances and encroachments
Place :................................
Divisional Forests Officer
….……….Forest Division.
Dated ...................................
Office Seal……………………..
27