THE
FOREST (CONSERVATION) RULES, 1981(1)
In
exercise of the powers conferred by sub-section (i) of section 4 of
the Forest (Conservation) Act, 1980 (69 of 1980), the Central Government
hereby makes the following rules, namely:-
1.Short
title, extent and commencement. - (1) These rules may be called
the Forest 2Conservation) Rules, 1981.
- 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 Official
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 Committee constituted under section
3;
c) "Chairman" means the Chairman of the Committee;
d) "Member" means a member of the Committee;
e) "Section" means a section of the Act.
(2)[2A. Composition of the Committee.
- (1) The Committee shall be composed of the following members:-
(i)Inspector-General
of Forests, Ministry of Environment and Forests
- Chairman
(ii)Additional
Inspector-General of Forests, Ministry of Environment and Forests
- Member
(iii)Joint
Commissioner (Soil Conservation), Ministry of Agriculture
- Member
(iv)Three
Eminent Environment Scientists (non-officials)
-Members
(v)Deputy
Inspector-General of Forests (Forests Conservation), Ministry of Environment
and Forests - Member-Secretary.
(2)
Additional Inspector-General of Forests shall act as the Chairman in
the absence of Inspector
- General of Forests.
2B.
Terms of appointment of non-official members shall be as follows;
(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 he dies, resigns,
becomes of unsound mind, becomes insolvent or is convicted by a court
of law on a criminal offence involving moral turpitude.
(iii)Any
vacancy in the membership caused by any reason mentioned in sub-rule
(ii) shall be filled by the Government for the unexpired portion of
2 years term.
(iv)Travelling
and daily allowances 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 :
Provided
that the payment of travelling allowance and daily allowance to a member
who is 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 or the respective provisions of law
pertaining to the Members of the concerned State Legislature].
3.
Conduct of business of the committee. - (3)[(1) The Chairman shall call the meeting of the
Committee as often as necessary, but not less frequently that once in
a month.
(2)
The meetings of the Committee shall normally be held at New Delhi. However,
in a case where the Chairman is satisfied that inspection of site or
sites of forest land proposed to be used for non-forest purposes would
be necessary or expedient in connection with the consideration of the
proposal or proposals received under sub-rule (1) of rule 4, he may
direct that the meetings of the Committee will be held at a place other
than Delhi from where such inspection of site or sites can be undertaken
conveniently].
(3)
The Chairman shall preside over every meeting of the Committee at which
he is present:
Provided
that if the Chairman is absent from a meeting and it is not expedient
to adjourn the meeting, the senior-most member of the Committee shall
preside over the meeting.
(4)[(4) Every question upon which the Committee is required
to advise shall be considered at its meeting provided that in urgent
cases if the meeting of the Committee cannot be convened within a month,
the Chairman may direct that necessary papers may be sent to the members
for their opinion by a stipulated date.] (5)[(5)
The quorum for the meeting of the Committee shall be three.]
4.
Procedure to make proposal by a State Government or their authority.
- (1) Every State Government or other authority seeking the prior approval
under section 2 shall send its proposal to the Central Government in
the form appended to these rules:
Provided
that all proposals involving clearing of naturally grown trees in forest
land or portion thereof for the purpose of using it for reafforestation
shall be sent in the form of Working Plan/Management Plan.
(2)
Every proposal referred to in sub-rule (1) shall be sent to the following
address, namely:
Secretary
to the Government of India,
Ministry
of Environment and Forests,
Paryavaran
Bhawan,
C.G.O.
Complex,
Lodi
Road,
New
Delhi 110003:
Provided
that all proposals involving forest land upto twenty hectares and proposals
involving clearing of naturally grown trees in forest land or portion
thereof for the purpose of using it for reafforestation shall be sent
to the Chief Conservator of Forests/ Conservator of Forests of the concerned
Regional Office of the Ministry of Environment and Forests.
5.
Committee to advise on proposals received by the Central Government.
- (6)[(1) The Central Government shall
refer every proposal received by it under sub-rule (1) of rule 4 of
the Committee for its advice thereon if the area of the forest land
involved is more than twenty hectares:
Provided
that proposals involving clearing of naturally grown trees in forest
land or portion thereof for the purpose of using it for reafforestation
shall not be referred to the Committee for its advice.]
2)The
Committee shall have due regard to all or any of the following matters
while tendering its advice on the proposals referred to it under sub-rule
(1), namely:-
a)Whether
the forest land proposed to be used for non-forest purpose forms part
of a 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 purpose or for the rehabilitation
of persons displaced from their residences by reason of any river valley
or hydro-electric project;
c)Whether
the State Government or the other authority has certified that it has
considered all other alternatives and that no other alternatives 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 other authority undertakes to provide at
its cost for acquisition of land or an equivalent area and afforestation
thereof.
(3)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 opiniion, would minimise adverse environmental impact.
6.
Action of the Central Government on the advice of the Committee.
- The Central Government shall, after considering the advice of the
Committee tendered under rule 5 and after such further enquiry as it
may consider necessary, grant approval to the proposal with or without
conditions or reject the same.
(7)FORM
Form
for seeking prior approval under section 2 of the proposals by the State
Governments and other authorities.
(See
rule 4)
1.
Project details:
i.
Short narrative of the proposal and project/scheme for which the forest
land is required......
- Map
showing the required forest area, boundary of adjoining forest and
item-wise break-up of the required forest area for different purposes
(to be authenticated by an officer not below the rank of Deputy Conservator
of Forests)......
iii.
Total cost of the project......
iv.
Justification for locating the project in the forest area giving alternatives
examined and reasons for their rejection......
v.
Financial and social benefits......
vi.
Total population benefitted......
vii.
Employment generated......
2.
Location of the project/scheme
- State/Union
Territory......
- District......
- Forest
Division, Forest Block, Compartment, etc......
3.
Item-wise break-up of the total land required for the project/scheme
along with its existing land use......
4.
Details of forest land involved:
- Legal
status of the forest (namely, reserve, protected/unclassed, etc.)......
- Details
of flora and fauna existing in the area......
- Density
of vegetation......
- Species-wise
and diameter class-wise abstract of tress......
- Vulnerability
of the forest area to erosion, whether it forms a part of seriously
eroded area or not......
vi.
Whether it forms a part of national park, wildlife sanctuary, nature
reserve, biosphere reserve, etc; and if so, details of the area involved.(
Specific comments of the Chief Wildlife Warden to be annexed)......
vii
Item-wise break-up of the forest land required for the project/scheme
for different purposes......
viii.
Rare/endangered species of flora and fauna found in the area......
ix.
Whether it is a habitat for migrating fauna or forms a breeding ground
for them......
x.
Any other significance of the area relevant to the proposal......
5.
Details of displacement of people due to the project:
i.
Total number of families involved in displacement......
ii.
Number of Scheduled Castes/Scheduled Tribes families involved in displacement......
iii.
Details rehabilitation plan......
6.
Details of compensatory afforestation scheme:
i.
Details of non-forest area/degraded forest area identified for compensatory
afforestation, its distance from adjoining
forests, 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......
iv.
Total financial outlays from compensatory afforestation scheme......
v.
Certificates from competent authority regarding suitability of area
identified for compensatory afforestation for afforestation and from
management point of view. (To be signed by an officer not below the
rank of Deputy Conservator of Forests)......
vi.
Certificate from the Chief Secretary regarding non-availability of the
non-forest land for compensatory afforestation (if applicable)......
7.
Details regarding Transmission Lines (only for Transmission
Line proposals):
i.
Total length of the Transmission Line......
ii.
Length passing through forest area......
iii.
Right of Way......
iv.
Number of Towers to be erected......
v.
Number of Towers to be erected in the forest area......
vi.
Height of Transmission Towers......
8.
Details of Irrigation/Hydel Projects (only for Irrigation/Hydel
Projects):
i.
Total catchment area......
ii.
Total command area......
iii.
Full Reservoir Level......
iv.
High Flood Level......
v.
Minimum Drawal Level......
vi.
Break-up of area falling in catchment area of the project (forest land,
cultivated land, pasture land, human cultivation and others)......
vii.
Area of submergence at High Flood Level......
viii.
Area of submergence at Full Reservoir Level......
ix.
Area of submergence 2 meter below Full Reservoir Level......
x.
Area of submergence at 4 meter below Full Reservoir Level (For medium
and major projects only)......
xi.
Area of submergence at Minimum Drawal Level......
xii.
Details of catchment area treatment plan......
xiii.
Total financial outlays and details regarding availability of funds
for catchment area treatment plan......
9.
Details regarding Road/Railway Lines (only for Roads/Railway
Lines proposals):
i.
Length and width of the strip required and forest area required......
ii.
Total length of the road......
iii.
Length of the road already constructed......
iv.
Length of the road passing through the forest......
10.Details
regarding Mining proposals (only for mining proposals):
i.
Total mining lease area and forest area required......
ii.
Period of mining lease proposed......
iii.
Estimated reserve of each mineral/ore in the forest area and in the
non-forest area......
iv.
Annual estimated production of mineral/ore......
v.
Nature of mining operations (opencast/underground)......
vi.
Phased reclamation plan......
vii.
Gradient of the area where mining would be undertaken......
viii.
Copy of the Lease Deed (to be attached only for renewal purposes)......
ix.
Number of labourers to be employed......
x.
Area of forest land required for
a)Mining......
b)Storing
mineral/ore..
c)Dumping
of overburden......
d)Storing
tolls and machinery......
e)Construction
of building, power stations, workshops, etc......
f)Township/housing
colony......
g)Construction
of road-ropeway/railway lines......
h)Full
land use plan of forest area required......
(xi)
Reasons why any of the activities referred to in (a) to (h) above under
the project for which forest land has been asked for cannot be undertaken/located
outside forest area......
(xii)
The extent of damage likely to be caused and the number of trees affected
on account of mining and related activities......
(xiii)
Distance of the mining area from perennial water courses, national and
State highway, national parks, sanctuaries and biosphere reserves......
(xiv)
Procedure for stocking of the top soil for re-use......
(xv)
Extent of subsidence expected in underground mining operations and its
impact on water, forest and other vegetation......
11.
Cost-benefit analysis......
12.
Whether clearance from environmental angle is required (Yes/No)......
If,
yes, whether, requisite details for the same have been furnished (Yes/No)......
13.
Whether any work in violation of the Act has been carried out
(Yes/No)......
If
yes,
(i)
Details of the same including date of commencement......
(ii)
Officers responsible for violation of the Act......
(iii)
Action taken/being taken against erring officers......
(iv)
Whether work in violation of the Act is still in progress......
14.
Any other information......
15.
Details of Certificates/documents enclosed......
16.
Detailed opinion of the Chief Conservator of Forests/ Head of the Forest
Department concerned covering
the following aspects, namely:-
(i)out-turn
of timber, fuelwood and other forest produce from the forest land involved;
(ii)
whether the district is self-sufficient in timber and fuelwood;
(iii)
the effect of the proposal on:
(a)
Fuelwood supply to rural population;
(b)
economy and livelihood of the tribals and backward communities;
(iv)
specific recommendations of the Chief Conservator of Forests/Head of
the Forest Department for acceptance or otherwise of the proposal with
reasons thereof.
Certified
that all other alternatives for the purpose have been explored and the
demand for the required area is the minimum demand for forest land.
1
Vide G.S.R. 719 dated 20th July, 1981
published in the Gazette of India, Extraordinary, Part II, sec.3(1),dated
1st August, 1981.
2. Ins. by G.S.R. 14, dated 28th December, 1987
3.
Subs. by G.S.R. 14, dated 28th December, 1987
4.
Subs. by G.S.R. 14, dated 28th December, 1987
5.
Ins. by G.S.R. 14, dated 28th December, 1987
6.
Subs. by G.S.R. 563(E), dated 21st May, 1992
7.
Subs. by G.S.R. 563(E), dated 21st May, 1992