Transcription of a)c - PARIVESH
1 F. No. 5-2/2 017- FC. Government of India Ministry of Environment, forests and Climate Change (FC Division). Indira Paryavaran Bhawan, Aliganj, Jor Bag Road, New Delhi - 110003. Dated: 28th March, 2019. To, The Principal Secretary/Secretary (Forests), All State/UT Governments. Sub: Handbook of guidelines for effective and transparent implementation of the provisions of Forest ( conservation ) Act, 1980. Sir, In supersession of all guidelines issued in the past, a handbook of guidelines is issued for effective and transparent implementation of the provisions of Forest ( conservation ) Act, 1980.
2 All the provisions enshrined in these guidelines will be applicable from 8th March 2019. onwards. The copy of comprehensive guidelines is available on Ministry's website: vesh. nic. in. This issue with the approval of competent authority. Yours faithfully, a)c (Sandeep Sharma). Assistant Inspector General of Forest (FC). Copy t6:'. 1. Prime Minister's Office, New Delhi. 2. Secretary, Ministry of Mines/Coal/Steel/MoRTH/MopNG/MHA/MoP/MoT A, Government of India, New Delhi. 3. Principal Chief Conservator of Forests, all State/UT Governments.
3 4. Nodal Officer (FCA), all State/ UT Governments. 5. All Regional Offices, Ministry of Environment, Forest and Climate Change (MoEF&CC), GoI, New Delhi. 6. Joint Secretary in-charge, Impact Assessment Division, MoEF&CC, GoI, New Delhi. 7. All IGF/ DIGF/AIGF in MoEF&CC, GoI, New Delhi. 8. Sr. Director (Technical), NIC, MoEF&CC with a request to place a copy of the letter on website of this Ministry. 9. PPS to Secretary (EF&C. C)/DGF&SS/ADGF(FC)/ADGF(Wildlife), MoEF&CC, New Delhi. 10. Guard File. eep arma). Assistant Inspector General of Forest (FC).
4 Handbook of Forest ( conservation ) Act, 1980. and Forest conservation Rules, 2003. (Guidelines & Clarifications). Ministry of Environment, Forest and Climate Change Government of India 2019. Table of Contents 1. LIST OF ABBREVIATIONS . 2. PART A. 1. FOREST ( conservation ) ACT, 1980 .. 4. WITH AMENDMENTS MADE IN 1988. 2. FOREST conservation (RULES), 2003 6. (AMENDED UP TO AUGUST 2017). PART B. 1. COURT ORDERS AND GENERAL CLARIFICATIONS . 38. 2. COMPENSATORY AFFORESTATION 45. 3. NET PRESENT VALUE .. 53. 4. GENERAL APPROVAL UNDER FCA SECTION 2(ii).
5 CRITICAL PUBLIC & STRATEGIC DEFENCE INFRASTRUCTURE 57. 5. TRANSFER/RE-DIVERSION .. 64. 6. SURVEY AND INVESTIGATION .. 69. 7. MINING PROJECTS .. 72. 8. WIND ENERGY .. 79. 9. IRRIGATION & HYDRO-ELECTRIC PROJECTS, INCLUDING. CATCHMENT AREA TREATMENT (CAT) PLAN . 80. 10. TRANSMISSION LINES . 82. 11. INFRASTRUCTURAL PROJECTS INCL. ROADS, RAILWAY LINES, BORDER ROADS, CRITICAL UTILITY INFRASTRUCTURE. DEVELOPMENT,RESIDENTIAL/BUILDING CONSTRUCTION 84. 12. PROJECTS IN/NEAR PROTECTED AREAS INCLUDING ZOOs . 88. 13. ANNEXURE . 91. PART C.
6 1. CONDITIONS STIPULATED BY MoEF&CC WHILEACCORDING. PRIOR APPROVAL (STAGE-1/ STAGE-II) FOR NON FOREST USE OF. FOREST LAND UNDER FCA, 1980 .. 106. 1. Abbreviations ACF Assistant Conservator of Forest APCCF Additional Principal Chief Conservator of Forests BRO Border Road Organisation CA Compensatory Afforestation CCF Chief Conservator of Forests CF Conservator of Forest CZA Central Zoo Authority DFO Divisional Forest Officer ESZ Eco Sensitive Zone FAC Forest Advisory Committee FCA Forest ( conservation ) Act, 1980. HEP Hydro Electric Project IFA Indian Forest Act, 1927.
7 ITBP Indo-Tibetan Border Police LAC Line of Actual Control MDDA Mussoorie Dehradun Development Authority MHA Ministry of Home Affairs NHIDCL National Highways and Infrastructure Development Corporation Limited NPV Net Present Value OFC Optical Fibre Cable PA Protected Areas PCCF Principal Chief Conservator of Forests PMGSY Pradhan Mantri Gramya Sadak Yojna PSU' Public Sector Undertakings RCCF Regional Chief Conservator of Forest REC Regional Empowered Committee RO Regional Office RoW Right of Way SEZ Special Economic Zone UA User Agency WPA Wildlife (Protection) Act, 1972.
8 2. PARTA. 3. FOREST ( conservation ) ACT, 1980 WITH AMENDMENTS. MADE IN 1988. An Act to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. Be it enacted by Parliament in the Thirty-first Year of the Republic of India as follows: - 1. Short title, extent and commencement- (1) This Act may be called the Forest ( conservation ) Act, 1980. (2) It extends to the whole of India except the State of Jammu and Kashmir. (3) It shall be deemed to have come into force on the 25th day of October 1980.
9 2. Restriction on the de-reservation of forests or use of forest land for non-forest purpose Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government, any order directing - i) that any reserved forest (within the meaning of the expression "reserved forest" in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved;. ii) that any forest land or any portion thereof may be used for any non-forest purpose.
10 Iii) that any forest land or any portion thereof may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organisation not owned, managed or controlled by Government;. iv) that any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion, for the purpose of using it for reafforestation. Explanation - For the purpose of this section, "non-forest purpose" means the breaking up or clearing of any forest land or portion thereof for- a) the cultivation of tea, coffee, spices, rubber, palms, oil-bearing plants, horticultural crops or medicinal plants.
