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Forest Clearance Procedures and Policies

The document outlines the procedure for forest clearance in India, detailing the requirements and processes as per the Forest (Conservation) Act, 1980. It describes the roles of various authorities involved in the clearance process, the timeline for processing proposals, and the forms required for different types of forest land use. Additionally, it highlights the importance of environmental management and the commitment of Biohm Consultare Pvt. Ltd. to support sustainable development through their consultancy services.

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0% found this document useful (0 votes)
48 views48 pages

Forest Clearance Procedures and Policies

The document outlines the procedure for forest clearance in India, detailing the requirements and processes as per the Forest (Conservation) Act, 1980. It describes the roles of various authorities involved in the clearance process, the timeline for processing proposals, and the forms required for different types of forest land use. Additionally, it highlights the importance of environmental management and the commitment of Biohm Consultare Pvt. Ltd. to support sustainable development through their consultancy services.

Uploaded by

nimisharusiya5
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd

procedure for

FOREST CLEARANCE

ცíσɧɱ– “बायोम”
“Balance the Innovative Opportunities into Heave for the Management of environment to protect the earth.”
Biohm Consultare Pvt. Ltd.

Address: 705, Luxuria Business Hub, Near VR Mall, Dumas Road, Surat-395007 (Gujarat) INDIA Tel: +91-261-2976611-12-13
Email: info@[Link], care@[Link], consent@[Link] Website: [Link]
THE FIVE MANTRAS OF BIOHM

❖ Be Kind with Nature!

❖ Improve the Environmental conditions!

❖ Overcome the Pollution Potential!

❖ Hope for the Best. Do the things Right at very first.

❖ Manage the environment to protect the earth.


ABOUT BIOHM
❖ Biohm Consultare Private Limited (बायोमTM) established in 2018 having its registered office at
705, Luxuria Business Hub, Near VR Mall, Dumas Road, Surat-Gujarat.

❖ It comprises a team of highly talented professionals, who work in sync with clients ensuring that
the defined assessment, survey or reporting is executed with high level of efficiency.

❖ Our proficient team consists of Environmentalists, Engineers, Chemists, Geologists, Industrial


hygienists, Technicians, Research Associates, Sociologists, Policy makers, Economist, Legal
Advisors and others with expertise in various key areas.

❖ The personnel with BCPL has a proven successful track record of working with industry and
institutions and in executing multi-faceted projects funded by organizations like World Bank,
Asian Bank, MoEFCC, SEAC/SEIAA, amongst others.
BIOHM POLICY
❖ Biohm is dealing with Environmental Consultancy and
Engineering Solutions which satisfies the statutory,
regulatory, stakeholders’ and others’ requirement.

❖ BCPL has commitment towards quality services through


systematic techniques confirming constant development
through intermittent reviews of performance.
BIOHM VALUES
Safety
❖ We create a working environment that promotes safe performance.
Quality
❖ We always strive for excellence in the services we provide and in the results we produce.
Integrity
❖ We are committed to the highest ethical standards.
Creativity
❖ We believe in looking at challenges and opportunities and in exercising our curiosity.
Accountability
❖ We take responsibility for all of our decisions and actions.
Teamwork
❖ We work together to succeed.
BIOHM SERVICES
• Environment Clearance (EIA)
• Forest Clearance (FC)
• Wildlife Clearance (WC) • Half Yearly Environment Compliances
• CRZ Clearance • Submission of Form V/Form IV - Environment Financial Statement
• Green Building Certification • Environmental Audits
• Consent to Establish/Consent to Operate under Air and Water • Safety Audits
Act • Modelling Studies
• Authorizations for Hazardous Substances/Bio medical waste • Geospatial Studies/GIS Studies
• No Objection Certificate – Forest Diversion / Non-Forest Land • Geology and Hydrological Studies
• Wildlife Conservation Plan/Mangrove Management Plan • Social Studies (SIA), R&R, RAP
• No Objection Certificate – from Revenue Department • Land Use /Land cover studies
/Authority • Marine Studies
• No Objection Certificate - Storage of Diesel/Hazardous • Environment Legal Advice
Chemical/PESO • Waste Water Treatment –Consultancy, Design & Management
• CGWA Permission • Design and Architect
• Infrastructure Development • DPR and Feasibility Report
• Water Audit/Budgeting • Environmental Testing
• Carbon Credit Scheme • Risk assessment – HAZOP, Hazid, Tree Analysis, QRA, RRA, etc.

6
6
FOREST
❖ Food and Agriculture Organization(FAO): Land with a tree canopy cover of more than 10 percent and area of more
than 0.5 ha.

❖ United Nations Framework Convention on Climate Change(UNFCCC): A minimum area of land of 0.05-1.0
hectares with tree crown cover (or equivalent stocking level) of more than 10-30 per cent with trees with the potential to
reach a minimum height of 2-5 meters at maturity in situ.

❖ Convention on Biological Diversity (CBD) Ministry of Environment & Forests, Government of India: A forest
is a land area of more than 0.5 ha, with a tree canopy cover of more than 10%, which is not primarily under agricultural
or other specific non-forest land use.

❖ FOREST LAND:

❖ Forest Conservation Act (FCA), 1980: ‘Forest land’ mentioned in Section 2 of the Act refers to reserved forest,
protected forest or any area recorded as forest in the Government records.

❖ Forest Rights Act(FRA), 2006: “Forest land” means land of any description falling within any area and includes
unclassified forests, under marketed forests, existing or deemed forests, protected forests, reserved forests, Sanctuaries
and National parks.
FORESTS OF INDIA

❖ India is a developing Nation with the land area of total 328.7 million ha. of which 142.5 million
ha. (43.3%) is under agriculture, Forests cover 75.6 million ha. (23.27%).
❖ According to the State of Forest Report (FSI 1997), the actual forest cover is 63.34 million ha
(19.27%) of which 26.13 million ha. are degraded. (NFAP 1999).
❖ About 300 million tribal and other local people contribute to the “forest people” population of the
country, and are the most disadvantaged section of society, subsist from forests.
❖ Forest sector contribute in GDP – 0.67%
❖ Indian forests continue to be managed under Indian Forest Act, 1927 with age old science and
practices.
❖ Forests in India under immense pressure & reducing at an alarming rate due to population
explosion of human and livestock, over-utilization and exploitation of forest resources, expansion
of agriculture and illegal activities.
Source: International Journal of Current Research and Review [Link]
Vol. 02 issue 2 Feb-Mar 2010
REASONS BEHIND THE REDUCTION OF FORESTS IN
INDIA:-

❖ The heavy pressure of population on land.


❖ Having about 2.5% of world's geographic area, India at present is supporting 16% of planet's
human population and 18% of cattle population.
❖ The forest cover has been reducing both in quality and extent.
❖ Lack of regeneration.
❖ There are serious problems of encroachment, grazing, forest fire, shifting cultivation and illegal
felling.
FOREST LAND
IN INDIA
CURRENT FOREST & WILDLIFE LAWS IN INDIA

The important central forest legislations in India are:


• Indian Forest Act, 1927
• Forest (Conservation) Act, 1980
• Scheduled Tribes and other Traditional Forest Dwellers (Recognition of
Forest Rights) Act, 2006 or Forest Rights Act,2006 (FRA)
• State forest Acts, State level policies etc....
GOVERNMENT FOREST POLICY & ACTS

National Forest Policy


Government of India under Ministry of Environment & forest, enunciated a policy called
“National Forest Policy”, 1988.
Its basic objectives are:-
1. To ensure environmental stability and maintenance of ecological balance.
2. To conserve the natural heritage of nation.
3. To Increase the productivity of the forests.
4. To check soil erosion.
5. To meet the requirement of fuel wood, fodder, minor forest produce and small timber of
the rural & tribal populations.
6. To encourage reforestation to increase the forest cover.
National Forestry Action Program (NFAP)

❖ The National Forestry Action Program is a comprehensive strategic long-term plan for
the next 20 years to address the issues underlying major problems of the forestry sector
in line with the National Forest Policy, 1988.

Its objective is:-


1. To bring one-third area of the country under forest/tree cover.
2. To stop deforestation for achieving sustainable development of forests.
Indian Forest Act, 1927
❖ The Indian Forest Act, 1927 was largely based on previous Indian Forest Acts implemented under the British.
❖ It provides legal framework for management of forests in the country.
❖ In some States, the Act is applicable as it is, while some of the States have enacted their own which in essence, are
the adopted versions of the Indian Forest Act 1927.
❖ The Indian Forest Act, 1927 was enacted “to consolidate the law relating to forests, the transit of forest-
produce and the duty leviable on timber and other forest-produce.“ The IFA, 1927 is still in force and shapes
forest bureaucracy(Administration) of India.
❖ IFA establishes 3 kinds of forests, i.e. Reserve Forests, Protected Forests and Village Forests.
❖ Reserved forests - most restrictive category, constituted by State Government, is the property of the
government.
❖ Protected forests - forests other than reserved forests over which the government has proprietary rights.
❖ Village forests - the state government assigns to any village-community the rights of government to or over
any land which has been constituted a reserved forest.
❖ It defines what is a forest offence, what are the acts prohibited inside a Reserved Forest, and penalties leviable on
violation of the provisions of the Act.
❖ The FCA prohibits non-forest use of forest land without the government’s approval.
FOREST (CONSERVATION) ACT, 1980

❖ It is a Regulatory Act, not prohibitory.


❖ The Act is an interface between conservation and development.
❖ Regulated the use of forest land for non-forestry purposes.
❖ Prior approval of the Central Government is essential for de-reservation of forest lands and / or
diversion of forest lands for non-forestry purposes.
❖ In J&K diversion of forest land is done under J&K Forest (Conservation) Act, 1992
❖ It also provided for the constitution of an advisory committee to advise the Central Government with
regard to grant of such approval.
FOREST CLEARANCE
❖ For the use of forest areas for non-forestry purposes such as mining, HEP(hydro electric projects), roads etc.
Forest Clearance is Required As per the provisions of Forest (Conservation) Act, 1980 [Including Forest
(Conservation) Rules (2003)]
❖ FCA allows the diversion of forest land for developmental and social purposes e.g. drinking water, irrigation,
transmission lines, railway lines, roads, power projects, defence related projects, mining etc. and for that
Forest Clearance is required.

❖ Project proposals are categorized on the basis of the area of land requested for diversion.

Up to 5 ha: Regional Chief Conservator of Forest(RCCF)


5‐40ha: RCCF in Consultation with State Advisory Group by Regional Office of MoEF&CC (Clearance Issued by
the ministry)
>40ha: Forest Advisory Committee FAC (by MoEF&CC)
FORMS OF FOREST CLEARANCE

Form – A (Require Allocation of fresh forest land (Form-A) under Section 2(ii))
• that any forest land or any portion thereof may be used for any non forest
purpose;
Form – A (Require Allocation of fresh forest land (Form-A) under Section 2(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
organization not owned, managed or controlled by Government;
Form – B (Require Renewal of lease (Form-B))
Form – C (Require approval for Prospecting of Minerals (Form-C))
ROLES OF PROCESSING AUTHORITY & AGENCY FOR
FOREST CLEARANCE

❖ DFO/DCF/Wild Life Warden


❖ District Collector (DC)
❖ Nodal Officer (State Forest Department)
❖ Conservator of Forest (CF/CCF/PCCF/RCCF)
❖ State Secretary (State Govt.)
❖ Regional Office (RO)
❖ MoEF&CC Head Office, New Delhi
TIME LINE FOR PROCESSING FOREST CLEARANCE PROPOSAL
State Government/ Union territory administration Central Government
(Stage-1) (Stage-2)
Level 5 ha. 5 to 40 50 to More Activity 5 ha. 5 to 40 50 to 100 More than
ha. 100 ha. than 100 ha. ha. 100 ha.
ha.
Pre-inspection by 5 5 10 10
Nodal Officer 10 10 10 10 MoEF/ RO to
examine
DCF / District 30 30 45 60 completeness
Collector for
FRA Site inspection by - - - 45
R.O.
CF 10 10 30 30 FAC - - 30 30
Nodal Officer/ 10 20 25 30 REC - 30 - -
PCCF
Approval by 20 - 30 30
State Govt. 30 30 30 30 Competent
authority (CA
Transit Period 20 20 20 20
Total After both 135 155 220 295
stages (days)
Total (days) 110 120 150 180
WORKFLOW FOR
THE FOREST
CLEARANCE
(STAGE-1)
PROCESS
(FORM A, FORM B
FORM C)
WORKFLOW FOR
THE FOREST
CLEARANCE
(STAGE-2)
PROCESS
WORKFLOW FOR FOREST CLEARANCE PROCESS

❖ User Agency can register to get the login credentials from [Link]
❖ Thereafter, project details can be submitted along with all required documents. [Form-A (Part-
I)/Form-B (Part-I)/Form-C (Part-I) etc.].
❖ When U.A. submits all these details, an acknowledgement letter would be sent (by System) to
email-id of (Applicant) User Agency.
❖ Acknowledgement letter may contain some information including unique proposal number. U.A.
may refer this unique proposal number for future reference.
❖ Nodal Officer scrutinizes the proposal (within 10 days) and sends an acceptance letter to User
Agency, if all relevant documents are uploaded properly by U.A.
❖ If any document is missing or any other information is needed, Nodal Officer may ask U.A. to
upload those missing information.
❖ Timeline will start only if Nodal officer accepts the proposal.
CONT.

❖ When, Nodal Officer sends the acceptance letter to U.A., proposal details are forwarded
automatically to concerned DFOs and DCs for their necessary action.
❖ DFO can view the proposal after logging in to portal and can take print out (if needed)of the entire
details and then process it.
❖ After that, he/she uploads the part-II of Form-A/Form-B/Form-C on the portal along with his/her
recommendation and Site Inspection report.
❖ When, DFO uploads his/her recommendation and Site Inspection Reports on the portal, proposal
details are forwarded automatically to concerned CF/CCF for the necessary action.
❖ District Collector (DC) can view the proposal after logging in to portal.
❖ He/she has to upload FRA document (that must include Forest rights settlement details) on the
portal.
CONT.

❖ CF/CCF can view the proposal and recommendation of DFO after logging in to portal and can
take print out (if needed) of the entire details and then process it.
❖ After that, he/she uploads the part-III of Form-A on the portal along with his/her
recommendation and Site Inspection report (if site inspection done).
❖ When, CF/CCF uploads his/her recommendation and Site Inspection Reports on the portal,
proposal details are forwarded automatically to concerned Nodal Officer for the necessary
action.
❖ Nodal Officer can view the proposal and recommendations of DFO and CF/CCF after logging in
to portal and can take print out (if needed) of the entire details and then process it.
❖ After that, he/she uploads the part-IV of Form-A on the portal along with his/her
recommendation and Site Inspection report (if site inspection done).
CONT.

❖ When, Nodal Officer uploads his/her recommendation and Site Inspection Reports on the portal,
proposal details are forwarded automatically to concerned State Secretary for the necessary
action.
❖ State Secretary can view the proposal and recommendations of DFO, CF/CCF and Nodal Officer
after logging in to portal and can take print out (if needed) of the entire details and then process
it.
❖ After that, he/she uploads the part-V of Form-A on the portal along with his/her
recommendation.
❖ When, State Secretary uploads his/her recommendation on the portal, proposal details are
forwarded automatically to concerned Regional Office or Head Office, Delhi as per the flow
defined in the system.
ACKNOWLEDGMENT LETTER
Live Status
A forest cleared is a forest lost forever.
Let’s use our natural resources sensibly.

THANKING YOU

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