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FOREST CONSERVATION ACT, 1980

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Indiscriminate and massive diversion of forest land for non forestry purposes ... During 1950-80, the rate of diversion of forest land for non-forestry purposes ... – PowerPoint PPT presentation

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Title: FOREST CONSERVATION ACT, 1980


1
FOREST (CONSERVATION) ACT, 1980
A COMMITMENT OF THE CENTRAL GOVERNMENT FOR THE
CAUSE OF ENVIRONMENTAL CONSERVATION AND
SUSTAINABLE DEVELOPMENT
2
OBJECTIVES
  • FC ACT, 1980 - a Regulatory Act,
  • not prohibitory
  • The Act is an interface between conservation and
    development
  • Permits judicious and regulated use of forest
    land for non-forestry purposes

3
Background
  • Indiscriminate and massive diversion of forest
    land for non forestry purposes since
    independence.
  • Approximately 4.3 million ha. of forest land
    diverted during 1950 to 1980 for non forestry
    purposes.
  • The subject forest was brought in the
    concurrent list in 1977.
  • In 1980, the Forest (Conservation) Act was
    enacted for providing a higher level of
    protection to the forests and to regulate
    diversion of forest lands for non forestry
    purposes.

4
FC Act Main features
  • FC ACT, 1980 Prior approval of the Central
    Government is essential for de-reservation of
    forest lands and / or diversion of forest lands
    for non-forestry purposes.
  • It is a Regulatory Act, not prohibitory.
  • The Act is an interface between conservation and
    development.
  • Permits judicious and regulated use of forest
    land for non-forestry purposes.
  • -- By its order of 1996, the Apex Court
    has extended the provisions of the Act to all
    forests irrespective of ownership (including
    forests as understood in the dictionary sense)

5
  • Procedure for Forest Clearance -
  • Proposals recommended by the State / UT Govts.
    forwarded to the Central Govt. for approval under
    Section 2 of the Act.
  • Proposals examined by Forest Advisory Committee
    (FAC) constituted under Section 3 of the Act.
  • Decisions taken on the basis of the
    recommendations of the FAC.
  • FC Rules, 2003 prescribe specific time limits for
    processing the cases.

6
IMPACT OF THE ACT
  • During 1950-80, the rate of diversion of forest
    land for non-forestry purposes was 1,50,000
    hectares per annum
  • After enactment of the FC Act, 1980, the rate of
    diversion of forest land for non-forestry
    purposes came down to about 35,000 ha per annum

7
PROGRESS OF FORESTRY CLEARANCES (1980- December,
2007)
  • Proposals received 22,519
  • Development projects approved 16,939
  • Did not Merit approval 1,550
  • Closed/Returned due to want
  • of information or withdrawn by States
    2,230
  • Pending with GOI 387
  • Pending with State/UT Governments 1,413
  • Forest land diverted 11.56 lakh hectare

8
Sector-Wise area diverted under FC Act, 1980 (in
Percentage)
9
POLICY INITIATIVES OF MoEF
  • Simplified Format of Application
  • Specific time limit for States and Central Govt.
    for expeditious processing of proposals (90/60
    days for State Governments for fresh/renewal
    cases and 60 days for Central Government)
  • Regional Offices to process cases up to 40 ha
    (increased from 20 ha)
  • Site inspection by Regional Offices mandatory for
    proposals involving more than 100 ha of forest
    land (increased from 40 ha)

10
POLICY INITIATIVES Contd..
  • General approval for underground laying of
    electrical cables and electric wires, drinking
    water supply/water pipelines, telephone lines,
    etc.
  • General approval, up to 1 ha, for public utility
    projects, to be executed by Government
    Departments, like schools, dispensary/hospital,
    electric and telecommunication lines, drinking
    water, rainwater harvesting structure, minor
    irrigation canal, non-conventional sources of
    energy, skill up-gradation/vocational training
    centre, power sub stations, communication posts
    and police establishments like police
    stations/outposts/watch towers.

11
Forest Advisory Committee (FAC)
  • FAC is a seven member Committee under the
    chairmanship of DGF SS, MoEF.
  • Three non official members eminent experts in
    forestry and allied disciplines appointed for a
    period of two years.
  • ADGF, MoEF Additional Commissioner (Soil
    Conservation), Ministry of Agriculture.
  • IGF (FC) -- Member Secretary
  • Meeting not less than once a month, generally at
    New Delhi
  • Quorum is Three.

12
Conditions stipulated ..
  • Certain conditions are stipulated at the time
    of granting approval under FC Act
  • Compensatory Afforestation,
  • Catchment Area Treatment,
  • Phased Reclamation of mining area
  • Safety zone Area
  • Rehabilitation of Project affected families, if
    any.
  • Muck disposal plan
  • Wildlife management plan etc.

13
CA, NPV etc.
  • On the directions of the Apex court in 2002, a
    Net Present Value (NPV) of the forest land being
    diverted is being charged from the User Agencies.
  • NPV intrinsic cost of the land, tangible and
    intangible benefits of the forest area.
  • NPV charged _at_ Rs.5.8 lakh to Rs.9.2 lakh per ha
    depending on the type density of the diverted
    forest land.
  • At present all the funds received from the State
    govts. / User Agencies are being deposited in
    Ad-hoc CAMPA.

14
CAMPA
  • CAMPA was constituted by the Central Government
    vide notification dated 23.04.2004.
  • CAMPA is the custodian of CA Fundincluding all
    funds received from User Agencies--CA, NPV, CAT
    Plan, Penal CA Etc.
  • The funds are meant to be disbursed to the
    State/UT governments after receiving their
    proposals as per an Annual Plan of Operation
    (AOP).
  • The funds are mainly meant to compensate the loss
    of forests and ecological services and to
    facilitate regeneration of the services provided
    by the forests.

15
Concerns of Central Government
  • Poor achievement of Compensatory Afforestation
    (CA)
  • CA not being done on identified areas
  • Non-forest land for CA not being declared RF/PF
  • Land bank not identified in most of the States

16
Concerns Contd..
  • Quarterly progress report of General Approval
    granted by States not being received
  • Delay in processing of proposals under the FC Act
    at the State/ UT Government level
  • In-spite of a fast track mechanism in place for
    processing of proposals for Indo-China border
    roads extremely slow

17
Concerns
  • CAMPA to be made fully functional.
  • Mechanism for management and disbursement of
    funds to the State Governments to be streamlined.
  • Monitoring and evaluation systems to be evolved
    and implemented.
  • Overseeing effective implementation of CA
    schemes, CAT Plans, Reclamation Plan etc.
  • Future guidelines to be issued under the Act .

18
  • Thank You.
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