by S.B.S.Bhadauria IFS Chief Conservator of Forest (FCA)

1. Forest (Conservation) Act,1980 & Forest ( Conservation ) Rules 2003 Guidelines for Field Staff by S.B.S.Bhadauria IFS Chief Conservator of Forest (FCA) Department of Forest, Env. & Wl Management Government of Sikkim

2. Application of Forest (Conservation) Act,1980 • DEVELOPMENT PROJECTS V/S FORESTS • Forest (Conservation) Act 1980 is a regulatory and not prohibitory • Regulate indiscriminate diversion/use of Forest lands for developmental needs of the States/people and the nation at large so that development is not constrained but accommodates conservation parameters. • Permits unavoidable use of Forest land for various developmental purposes. • Commitments to balance the conservation of Forest with the sustainable development need of the country contributing to better environment, health and economy. • Since the enactment of FCA-1980, a total of 12,535 development projects have been accorded Forest clearance, involving a total Forest area of 10.09 lakh hectare. • In Sikkim about 148 numbers of projects have been accorded Forest clearance involving a total Forest area of about 900 hectare. • The unabated diversion of Forest land has been checked – The annual rate of diversion has come down to as low as 0.40 hectare per annum.

3. Application of Forest (Conservation) Act,1980 • INSTRUCTIONS FOR SURVEY & INVESTIGATION • As per the provisions of the Forest (Conservation) Act, 1980 Rules & Guidelines (With Amendments made up to June 2004) Para 1.3 (i) of Chapter – I for Investigations and surveys, the permission for the same is accorded subject to the following conditions: • Investigations and surveys carried out should not involve any clearing of forest or cutting of trees and operations are restricted to cleaning of bushes and lopping of tree branches for purpose of sighting. The clearing of bushes and lopping of tree branches for the purpose of sighting should be done with prior approval from the DFO (T) concerned. • There should be no clearing of forests and cutting/felling of trees. • If, however, investigations and surveys involved cleaning of forest area or felling of trees, prior permission of the Central Government is mandatory. • Contd.

4. Application of Forest (Conservation) Act,1980 • INSTRUCTIONS FOR SURVEY & INVESTIGATION • 4.Notwithstanding the above, survey, investigation and exploration shall not be carried out in wildlife sanctuaries, national parks and sample plots demarcated by the Forest Department without obtaining the prior approval of the Central Government, whether or not felling of trees is involved. • 5. The concerned field staff of the department along with representative of Land Revenue Department may also be involved in this in co-ordination with concerned DFO (T) & District Collector for status of land. • The Survey & Investigation should not be carried out in Wildlife Sanctuaries/ National Parks areas and the sample plots. • The works of actual construction would attract the provision of the Forest (Conservation) Act, 1980 and for which the forest clearance under the Act shall be obtained in time if the forest land is involved. • The permission for Survey and Investigation would not ipso facto imply any commitment on the part of Department /State Government for diversion of forest land. • Contd.

5. Application of Forest (Conservation) Act,1980 INSTRUCTIONS FOR SURVEY & INVESTIGATION Further, as per the Agreement and the provision of Law while preparing DPR, EIA and EMP for the project in question all aspect of Forest, Environment, Wildlife, Biodiversity and protection & Conservation of Natural Resources shall be properly reflected in consultation and co-ordination with the DFO’s of the districts and the Department of Forest, Environment & Wildlife Management and the EIA & EMP shall be finalized only after the due approval from the State Government. Contd.

6. Application of Forest (Conservation) Act,1980 JOINT INSPECTION REPORT 1. Name of Project 2. A brief of project 3. Date of Joint Survey 4. Participants 5. Details of Land: Total land involved / Private land / Forest land 6. Legal status of Forest land 7. Item wise breakup of Forest land required 8. Wildlife Area / National Park Sanctuaries 9. Types of Vegetation / Felling of trees involved or not 10. Certificate of DFO (T) concerned if tree felling is not involved 11. A brief about Topography, Soil, Forest, Environment & Wildlife 12. A brief observation of team and its recommendations 13. Any other aspect related to project and Forest area To be signed by: Project Authorities, Forest Authorities & Officials of LRD And final authentication by Head of the Project Authority and DFO (T) concerned

7. Application of Forest (Conservation) Act,1980 STATEMENT OF ENUMERATION AND CROP COMPENSATION Name of Project ………………………………………………. Division : …………….. Range:………………. Block :…………………………. Name of the Forest Area :…………………………Plot No :…………… Area: ………. Ha

8. Application of Forest (Conservation) Act,1980 ABSTRACT OF ENUMERATION AND CROP COMPENSATION Name of Project ………………………………………………. Division : …………….. Total Forest land involved: …………… Area / Name of Forest Areas :……………………….

9. How to prepare Map of the Project ? Select the Toposheet on 1: 25,000 or 1: 50,000 Scale, Survey of India Toposheet ( Write toposheet No. and Name of the Project) Legend To be signed by User Agency & DFO(T) Concerned

10. Application of Forest (Conservation) Act,1980 STATUS OF FOREST LAND – MORTGAGE / SUB-LEASE Reference letter No.11-10/2001-FC, dated 01/05/2001 from the Ministry of Environment & Forests, Government of India no Forest land can be mortgage or re-assigned or sub leased under the provisions of Forest (Conservation) Act, 1980.

11. Application of Forest (Conservation) Act,1980 • HANDING OVER AND TAKING OVER • First you should have the map and the area details of project proposal accorded forest clearance. • Examine the area and select the location. • Go through the conditions of forest clearance approval letter. • Survey and demarcate the area to be handed over. • Prepare the map and handing/ taking over papers. • Hand over the area by taking signature on map and handing/ taking over papers from the User Agency and RO/ DFO (T) concerned. • Prepare the report and send it by both the User Agency and the DFO (T) concerned to the CF (T) and Nodal Officer (FCA).

12. Application of Forest (Conservation) Act,1980 • RESPONSIBILITIES AND DUTIES OF PROJECT AUTHORITIES • As per the Section 85 of Sikkim Forest Act: Every person who- • Exercise any right in a reserve forest, Khasmal or Gorucharan forest or any other forest land or • Shall be bound to furnish without necessary delay to the nearest forest officer any information that he may posses regarding occurrence of fire in or near such forest or commission of any forest offence and shall forthwith take steps- • To extinguish forest fire • To prevent forest fires by lawful means • In preventing the commission of any forest offences • If forest offence committed- discovering & arresting offender • Any person who fails as above- shall be punishable as per the provisions of the Act.

13. Application of Forest (Conservation) Act,1980 • VIOLATIONS & UN-AUTHOTISED USE OF FOREST LAND – ENCROACHMENT • SECTION – 3 B • Each case of violation shall be reported by the State Government to GOI. • The report of violation shall be self-contained, supported by requisite documents, including names and designation of the officials/persons. • In case No.2 above is not possible - full explanation shall be appended. • Any person and / or authority nominated by the Central Government – discharge duties – prosecution – in any Court appropriate – concerned State – shall make available all such records as may be required by the investigation officer. • CLARIFICATION: • The provisions of this Section are applicable to the cases where the State Government or any authority passes any order for permitting activities covered by Section 2 of the Forest (Conservation) Act, 1980 without prior approval of the Central Government. Cases of illicit felling / encroachment etc. have to be dealt under the provisions of the Indian Forest Act, 1927, State Forest Acts, Environment (Protection) Act,1986, etc.

14. Application of Forest (Conservation) Act,1980 • Details of Forest & Private land: Measurements & Area • All measurements shall be in MKS system i.e. in M / Sq. M./ Km/ ha • Total Land • Total Private Land: Components wise i.e. Length- Width of road, Project Components, Area of each components, Plot nos., Locations • Total Forest Land: Components wise i.e. Length- Width of road, Project Components, Area of each components, Plot nos., Locations • Name of R.F. • Joint Inspection Report- Enumeration – maps and Annexure details shall be the same without any discrepancies.

15. Application of Forest (Conservation) Act,1980 Check List of Documents / Papers / Details Required

16. Application of Forest (Conservation) Act,1980 Check List of Documents / Papers / Details Required

17. Application of Forest (Conservation) Act,1980 Check List of Documents / Papers / Details Required

18. Application of Forest (Conservation) Act,1980 • Compensatory Afforestation, Protection and Maintenance etc. • Shall be prepared as per the guidelines notified and technically : • Area Selection • Seedlings, Afforestation, Fencing/protection, SMC, Silviculture management etc. • Maintenance • Wildlife/biodiversity • Environment • Conservation of water resources • Avenue/aesthetic Plantation • Overhead expenditure • Monitoring & Evaluation • And all Others required for creation of forests and better environment.

19. Application of Forest (Conservation) Act,1980 • Informations/ Details shall be maintained by the Divisions • List of Approved Cases • List of General Approval ( State delegated) cases • Handing/ taking over of forest lands • Details of Forest land diverted • District/ Division profile • Details of Compensatory Afforestation with locations • Monitoring report of projects and CA • Payments details for CA-CC-NPV-CAT and others • Details of violation cases • Details of Non- Forest land Acquired- Mutation- Possession • Asset created under FCA • And all other details relevant to it.

20. Application of Forest (Conservation) Act,1980 Precaution Measures suggested • Please must check that: • All the data & informations are correct • Financial details are proper and as per the norms • Necessary measures have been taken for Forests, Environment • & Wildlife or not including the biodiversity and other related • aspects. • Conditions proposed are reasonable or unreasonable • All details must be signed and authenticated by user agency and • DFO(T) concerned • Any other issue public or department or general Reason for above: To avoid the complications and any misunderstanding as well for betterment of the Project and its benefits.

21. Application of Forest (Conservation) Act,1980 New Important & Directives • In Final Approval- Any Other condition may be imposed by the State Government: • Many States have imposed- unreasonable conditions and hence this has been withdrawn and • Now, while forwarding any proposal for diversion of forest land, the State should state and include all conditions, which it desires to be imposed, in the original proposal itself, for compliance by the User agency. • The Central Government would examine and stipulate such conditions as it deemed fit. Preamble of FCA-1980; The Environmental degradation and ecological imbalance due to large scale deforestation should be prevented that is the essence of the preamble of FCA.

22. Application of Forest (Conservation) Act,1980 MONITORING PROFORMA • Monitoring of Approved Cases Under FCA-1980 • Monitoring Report By-----------------------------------------Dated------------------------------ • Note: First Go through all the conditions of approval Letter and then- • Part-I ( General Particulars) • Name of Project:-------------------- • No. & Date of Approval :---------------------------------------------------------------- • Area Permitted to Be diverted:------------------------------------------------------ • District/ Division :------------------------------------------------------------------------- • Area Actually Diverted :---------------------------------------------------------------- • Part-II (Details of Compensatory Afforestation) • Location:----------------------------------------- • Extent/ Area:-------------------------------------------------- • District/ Division :---------------------------------------------------------- • Plot No./ Forest Name:--------------------------------------------------- • Forest land/ Non -Forest land ( Notified or Not)--------------------------------------------- • Amount paid by User Agency: • Head of Budget :---------------------------------------------------------------- • a. Species planted---------------- Area---------------Year------------- Expenditure------------------- • If Comp. Afforst. Not done, reasons for the lapse---------------------------------------------- • Conditions of Plantation--- Survival %------ Height----------- Girth-------

23. Application of Forest (Conservation) Act,1980 MONITORING PROFORMA • Monitoring of Approved Cases Under FCA-1980 • Part-III ( Planting of Dwarf Trees under Tr. Line cases) • Head of Budget :---------------------------------------------------------------- • a. Species planted---------------- Area---------------Year------------- Expenditure------------------- • Conditions of Plantation--- Survival %------ Height----------- Girth------- • Part-IV ( Reclamation works- mining/ quarrying ) • Mining/ quarrying works Completed---------- Area-------year---------------------------------- • Reclamation work done- Items-------- Area---------- year--------Expenditure-------Condition----- • Part-V (Conditions stipulated by GOI ) • Terms/ Conditions----------- Action Taken------------------- • Part-VI (Conditions stipulated by State Government ) • Terms/ Conditions----------- Action Taken------------------- • Part-VII ( Committee of M/E ) • Yes/ No----------- If No reasons---------------------Report of Committee------------------- • Part-VIII • Abstract of Report------- Remarks CCF-------------------Effect of the Project on FEW------ • Signature-----------Name----------Seal-------- Date------------- Date of submission of report----

24. Application of Forest (Conservation) Act,1980 THANKS