Rule, 2003

Text

Reproduced from the document India Code holds for this instrument. The Gazette prints Hindi and English side by side and this is the English; the Department's own PDF remains the authority.

No. 132] SW

NEW DELHI, FRIDAY, MARCH 14, .2014/PHALGUNA 23,1935

Gcmette

EXTRAORDINARY

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PUBLISHED BY. AUTHORITY

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NOTIFICATION

New Delhi, the 14th March, `2014

G.S.R. 185(E).—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 further to amend the Forest (Conserva.tion) Rules, 2003, namely: - 1.(1) These rules may be called the Forest (Conservation) Amendment Rules, 2014.

(2) They shall come into force on the date of their 'publication in the Official Gazette.

2. In the Forest (Conservation) Rules, 2003 (hereinafter referred to as the said rules), in rule 2,

(i) after clause (b), the following clause shall be inserted, namely:- Aba) `Conservation of Forests means an officer appointed by the State Goverrime t.ot . the Union Tenitory Administration, as the case .may be, under ,the designation of Conservator of Forests or the Chief Conservator of Forests or the Regional Chief Conservator of Forests or any such stmilar val designation e of , to . hold charge of a Forest Circle having jurisdiction over the forest land for which the appro th - . - Central' Government aides the Aet is required:".

(ii) after clause (c), the following Clause shall be inserted, namely:- -, "(ca) assts"DivisionatForefficer" means an officer appointed by the State Government or the Union territory Administration, case under the designation of the Divisional Forest Officer or the Deputy „eunservator of Forests or any such similar designation, to hold charge of a Forest Division having -...jurisdietioir ov:er the forest land for ,which the approval of the Central Government under the Act is fequired;" - - - -

3. In the said-rules:for-rale 6 and '7, the following rules stid-be substituted, namely:- . "6. Suhinission of proposal seeking aPOrolal of the Central Government under section 2 of the Act.- ( E 1) very User Agency that wants to use any forest land for 1'ton-forest purposes, shall make its proposal in the relevant Form appended to these rules, namely; Form 'A' for proposal seeking first theno under the Act, Form 11' for proposal seeking renewal of leases, where approval of Central Government under the Act had already been obtained:- and Form 'C' for prospecting of minerals, to the

(c) The Divisional Forest Officer shall examine the factual details and feasibility of the proposal; certify the maps, carry out site-inspection and enumeration of the trees and forward his findings in the Format specified in this regard to the Conservator of forests. - .

(d) The Divisional Forest Officer shall process and forward the applicatioti along with his findings on the proposal involving forest land- uptO forty hectares, above forty hectares and up. to One hundred hectares and above one hundred hectares to the Conservator of. Forests within a period of 'thirty days, forty five days and sixty days respectively, . . '•

(e) The District Collector shall 'complete the process for settlement of rights in accordance with the provisions of the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007) (hereinafter referred to as the FRA), obtain consent of the Grain Sabha or Gram • ' Sabhas, wherever required, and forward his findings in . the Format specified in this regard to the Conservator of Forests.

(f) The District Collector shall forward the proposal along with his findings on settlement of rights under . fRA and consent of the Gram Sabha or Gram Sabhas, wherever required, in respect of the proposal ' • involving forest land up to forty hectares, above forty hectares and up to one hundred hectares and above. one hundreff hectares to the Conservator of Forests within a period of thirty days, forty five days andsixty days respectively.

(g) The Conservator of Forests spall'eximine the factual details and feasibility of the proposal, carry out site-inspection in case the area .of forest land proposed to be diverted is more than forty hectares, and forward the proposal along with his recommendations and the report on settlement of rights under the FRA, and consent of the concerned Gram Sabha or Gram .Sabbas, wherever required, received from the District Collector to the Nodal officer. ' * ' •' ' • • , • . . - . • - - '` • •

(h) The time taken by the Conservator 9f Forests to process and forward to the Nodal Officer the proposal involving forest land up to forty hectares-and above forty hectares shall not be rnosq than ten days and thirty days respectively. .

" (1) The Nodal Officer, through the Principal Chief Conservatorof Forest, shall forward the proposal to • the State Government or the Union territory Administration, as the case may be, along with- his.... ----- recommendations. .1 , . . .

(j) The Nodal Officer shall process and forward the proposall along with his findings on the pro.posal - involving forest land, up to five hectares, above_ five . hectares and up to forty hectares, above forty hectares up to one hundred hectares and above one hundred hectares, to the State Government or the Union- territory Administration, as the case may be, within a period of ten days, twenty days, twenty five days and thirty days respectively.

Nodal Officer of the concerned State Government or the Union territory Administration, as the case may be, along with requisite information and documents, complete in all respect.

(2) The User Agency shall endorse a copy of the proposal, along with a copy of the receipt obtained from the office of the Nodal Officer to the concerned Divisional Forest Officer, District Collector and Regional Office as well as the Monitoring Cell of the Forest Conservation Division of the Ministry of Environment and Forests.

• (3) ' (a) The Nodal Officer of the State Government or the Union territory Adndnistration, as the case may be after having received the proposal under sub-rule (1) and on being satisfied that the proposal is complete in all respects and requires prior approval under section 2 of h 11 send the proposal to the' concerned Divisional Forest Officer and the District Collector within, a period of ten days of the receipt of the proposal. • (b) If the Nodal Officer of the State Government or the Union territory Administration, as the case may be, finds that the proposal is incomplete, he shall return it within a period of ten days to the User" Agency and this time periotl and the time taken by the User Agency to re-submit the proposal shall not be counted for any ftlture reference.

(k) In case the State Government or the Union territorY Adminiitration, as the easemaY be, decides hot to, de-reserve or divert for non-forest purpose or assign on lease the forest land indicated in the proposal, as the case may be, the same shall be intimated to the User Agency within thirty days of the receipt of proposal from the Nodal Officer:

Provided, all proposals involving diversion of forest land for projects of the Central Government or Central Government Undertakings where the State Government or the Union territory Administration, as the case may be, does not agree in-principle to de-reserve or divert for non-forest purpose or assign on lease the forest land indicated in the proposal, as the case may be, shall be forwarded to the Central Government along with comments of the State Government or the Union territory Administration, as the case may be.

(I) The State Government or the Union territory Administration, as the case may be, shall forward along with its recommendations all those proposals where State Government or the Union territory Administration, as the case may be, agrees in-principle to de-reserve or divert for non-forest purpose or assign on lease the forest land-ifiditated it the proposal, as the case may be, and all proposals involving diversion of forest land for projects of the Central Government or Central Government Undertakings, to the Central Government within thirty days:

Provided that the all proposals involving felling of trees on forest, land or a portion thereof for the purpose of using it for reafforestatiOn shall be sent in the form of Working Plan or Working Scheme or Management Plan:

Provided further that the concerned State Government or the Union territory Administration, as the case may he, shall simnitaneousiy send the intimation to the User Agency about forwarding of tile proposal, along with its recominendations, to the Regional Office or the Ministry of Environment and Forests, as the, case may be:

Provided also that total time taken exclusively for transit , of a proposal between vari notobe us authorities in the State Government or the Union territory Administration, as the case may' more shall mere than twenty days, over and above the time period specified for processing of proposal by each

(tea) WiteneVer the time taken by - the State Government or the Union territory AdministTation, as the • case maybe, for processing the exceeds the limits stipulated in clauses (a) to (1) above, the propoSal shall be considered by the Central. Government only if an 'explanation for the :delay is furnished to the satisfaction of the Central Government;• together with action taken against any individual held to be responsiible for the delay.

(4). (a) The proposal referred to in clause (1) of sub-rule (3), iiiiiolvirig. forest land:up to forty hectares shall be forwarded by the concerned. State GoVerninent or the Union. territory' Administration, as the case May be, along with its recornMendations, to fhe concerned Regional OffiCe. . . (1a) nie proposal referred to in claute (1) of sub-rule (3)i in forest land of more than forty hectares Shalt be forwarded by the concerned State Government Or the UniOn- territory Acninistrafitin, as the case may be,_ along with its recommendations; to the Secretary, Ministry of Environment and Forests, Government of India.

(c). The proposals referred to 4n clause (1) of sub-rules (3), involving cleating ef trees te fOTP41.1an4 or portion thereof for the purpose of using it for re-afforestation shall be sent to the concerned Regional Office. - _ - - ... -

7. Frocessing.of proposals received by the Central povernmInt. - (1) (a) The Regibual Office, after having received the proposal referred in clause (a) and clause (c) of sub-rule(4) of rule 6 shall determine the completeness of proposal within five working days, .. - -. .. (b) If the Regional Office finds that the proposal is incomplete, it shall return irwithin the period of five working days as specified under, clause (a), to the State Government or the Union territory Administration, as the case may be, and this time period and the time tak- en by the State Government to re-submit the proposal shall not be counted for any future reference.

(2) (a) The Regional Office shall after examination of the proposal involving forest land up to five hectares other than the proposal relating to mining and encroachments, which are complete in all respect, and after such further enquiry as it may consider necesiary, grant in-principle approval subject to fulfillment of stipulated conditions, or reject the same within twenty five days of its receipt from the State Government or the Union territory Administration, as the case may be, and communicate the same to the concerned State Government or the Union territory Administration, as the case may be, within next five days.

(b) The proposals involving forest land above five hectares and up to forty hectares and all proposals for regularisation of encroachments and raining up to forty hectares, which are complete in all respects, shall be examined by the Regional Office in consultation with an Advisory Group consisting of representatives of the State Government or the Union territory Administration, as the case may be, from Revenue Department, • Forest Department, Planning Department or Finance Department and the concerned Department whose proposal is being examined. • • (c) The Regional Office shall within a period of thirty five days of the receipt of the proposal from the State - Government or the Union territory Administration, as the case may be, shall forward such proposal along with views of the Advisory Group to the Secretary, Ministry of Environment and Forests for obtaining the decision of the Central Government:

Provided that time taken in transit of a proposal from Regional Office to the Ministry of Environment and Forests shall not be more than five days..

• (d) The Central Government shall, after Considering the views of the Advisory Group and after further • enquiry as it may consider necessary, grant in-principle approval subject to fulfillment of stipulated conditions; or reject the same within thirty days of its receipt from the Regional Office and communicate the same to the concerned State Government or the Union territory Administration, as the case may be, within next five working days. -

(3) (a) All proposals involving clearing of trees in forest land or portion thereof for the purpose of using it for re-afforestation shall be finally disposed of by the Regional Office within a period of sixty days of receipt of the proposals from the State Government or the Union territory Administration, as the case may be. .

(b) While examining the proposal, the Regional Office shall ensure that the final decision is in conformity with the National Forest Policy, Working Plan guidelines and other relevant rules and guidelines issued by the Central Government from time to time. ' , ' •

(c) the Regional Office shall however seek prior clearance of the Ministry of Environment and Forests • whenever the proposal involves clear-felling of forest land having croWn density above-forty per cent . • irrespective of the area involved, or clear felling of forest area of size more than twenty hectares in the plains , and ten hectares in the hilly region, irrespective of density.

(4) * (a) The Ministry of Environment and Forests, after having received the proposal referred to in clause

(b) of sub rule (4) of rule 6 shall deterinine the completeness of the proposal within ten days. • • ,' _ ' • (b) If the Ministry, of Environment and Forests finds that the proposal is incomplete, it shall return. it within - • the period of ten days as .specified under clause (a), to the State Government or the Union territory-. Administration, as the case May be, and this tithe period and the time taken by the State Government to re- submit the propo`sal shall not be counted-for any future reference.

(c) In case the proposal involves forest land more than one hundred hectares, Ministry of Environment and Forest shall within ten days of the receipt of a proposal complete in all respects, request the concerned Regional Office to Iiispedt the forest land proposed to be diverted and submit, a report to the Ministry of Environment and f orAst *ithin a period of forty five days: .. Provided that the total time taken in communication of the request fbr site inspection from the Ministry of Environment and Forests to Regional Office and communication of the site inspection report from the Regional Office to the Ministry of Environment_ and Forests shall not be more than ten days, over and above the time taken in undertaking site inspection by the Regional Office: .. -

(d) The Central Government shall refer every proposal, which is complete in all respects, received by it under clause (b) of silb-rule (4) of rule 6 including site inspection reports, wherever required, to the Committee

THE GAZETTE OP INDIA EXTRAORDINARY

[PART 3(i)] for its advice and the :Committee shall give its advice within thirty days from the date of receipt of the , .. - • , . ... said proposal. .

(e) •' 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 clause (4), namely:- (i) whether the forests land propoied 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 {Wan area lying severely eroded catchment; (ii) . whether the use of any forest land is for agricultural purposes or for the rehabilitation of persons displaced from their residences by reason of any river valley ur hydro-electric project; (iii) whether the State. Government or the Union territory Administration, as the case may be, 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; (iv) whether the State Government or the Union territory Administration, as the case May -be, — - -- undertakes to provide at its.cost..for the. acquisition of land of an equivalent area and afforestatibn thereof; " (v) whether the per unit requirement of forest land is significantly higher than the national average for similar projects; and

(vi) , whether the 'State Government or the Union territory. Administration; as the case may be, before ' making their recommendation has considered all issues having direct and indirect impact of the diversion of forest land on forest, wildlife and environment. .... (fa While tendering advice, the Committee may also suggest any condition or restriction.ran the use of any •forest land for any non-forest purpoSe, which in its opinion would minimise adverse environmental impact. ,

(g) The Central Governmentshall, after considering the advice of the Cee unde cl anse e) and( • • clause (f) and after such further enquiry as it may consider necessary, grant ommittrinciple appoval subjct-, to fulfillinent of stipulated conditions, or reject the same within thirty days of the receipt of advice from the Committee and communicate the same to the concerned State Coven-intent or the Union territory Administration, as the case may be, within next five working days. , . .

8. Submission of report-on compliance to, conditiOns stipulated in the hi-principle approval and grant of final approval, (I) (a) The Nodal Officer shall within five days. Of receipt of the in-principle approval,.endorse'a. copy of the same to the.concerned Divisional:Forest Officer and the COnservator of Forests;:,

(b) (b) On receipt of a copy of the in-prinCiple approval, the Divisional Forest Officer shall prepare a demand ,, note containing item-wise amount of compensatory levies such as cost of creation and maintenance of*, compensatory afforestation, Net Present - Value'(NPV), cost of juiplementation of catchment -area treatment plan or wildlife conservation plan, etc. to be paid by; the User Agency, and communicatethe same,` along with a list of documents, certificates and undertakings-required to be submitted by the User Agency in compliance with the conditions stipulated in the in-principle approval to the User Agency within ten days of the receipt of a copy of the in-principle approval. -

(c) The User Agency shall within thirty days of receipt of demand note and list of documents, certificates and undertakings from the Divisional Forest Officer make payment of compensatory levies and submit a compliance report containing dcopy of documentary evidence in respect of th't payment-of compensatory. levies along with documents, certificates and undertakings indicated in the said list to Divisional Forest - Officer. - . • -

(d) The Di?visional Forest Officer, after having received the compliance report shall determine. its completeness Within a period of fifteen -days of its receipt from the User Agency, . _

(e) If the Divisional-Forest Officer finds That the compliance report is incomplete, he shall communicate l • .

the shortcoming or shortcomings in the compliance report to the U§er Agency within a period of fifteen -days of its receipt from the User Agency and if the conipliatA report is complete in all respect, it shall be forwarded to the Conservator of Forests within a period of fifteen days of its receipt from the User Agency.

(f) The Conservator of Forests, after having received the compliance report shall determine its completeness within a period of fifteen days of its receipt from the Divisional Forest Officer.

(g) If the Conservator of Forests finds that the compliance report is incomplete, he shall communicate the shortcoming or shortcomings in the compliance report to the User Agency and the Divisional Forest Officer within a period of fifteen days of its receipt from the Divisional Forest Officer and if the compliance report is complete in all respects, it shall be forwarded tci the Nodal Officer within a period of fifteen days of its receipt. from theDivisional Forest Officer.

(h) The' Nodal Officer, after having received the compliance report shalt determine its completeness-. within a period of fifteen days of its receipt from the Conservator of Forests :--- If theiSodal Officer finds- that' the compliance report is -incomplete, he shall communicate the shortcoming or shortcomings in the compliance report to the User Agency, the Conservator of Forests and the Divisional Forest Officer within a period of fifteen days of its receipt from the Conservator of Forests - and if the compliance report is complete in all respects, it shall be forwarded to the State Government or Union territory AdminiStration, as the case may be, within a period of fifteen days of its receipt from the Conservator of Forests. ,

(j) The State Government or Union territory Administration, as the case may be, after having received the • compliance report .shall determine its completeness within a period of fifteen days of its receipt from the • Nodal Officer.

(k) If • the. State Government or Union territory Administration, as the case may be, finds that the compliance report is. incomplete, it shall communicate the shortcoming or shortcomings in the compliance report to the User Agency, the Nodal Offices, the Conservator of Forests and the Divisional Forest Officer within a period, of fifteen days of its receipt from the Nodal Officer and if the compliance' report is complete in all respects; it shall be forwarded to the Ministry of Environment and Forests or the Regional - Office, a.s the Case may be, within a period of fifteen days of its receipt from the Nodal Officer.

(1) The. Ministry of Environment and Forests or the Regional Office, as the case may be, after having :reeeived:* compliance report shall determine its completeness within a period of fifteen days. • (in) If the Ministry of Environment and Forests-or the Regional Office, as the case may be, finds that the Compliance report is Complete in all respect,. it shall accord the final approval under the 'Act and . • - ceinnitinicate the same to the State Government or the Union territory Administration, as the case may be, - within a period of twenty days of the receipt of a compliance report which is compete in all respect

(n) The report on fulfillment of shortcoming or shortcomings in the compliance report shall be processed • and forwarded to authorities concerned in the, State Government or the Union territory administrati6n, as the case may be, arid Central Government in Me manner and within the time limits stipulated in clause (d) to clause (1).above. .

.(2) (a) In cases where cbinpliapCe of conditions stipulated in the. in,principle approval is awaited for more' than five years from the State Government or the Union territory Administration, as the case may be", the in-principle approvals shall be summarily revoked.

• (b)lf•the User Agency or the State Government or the. Union territory Administration, as the case may be, is still interested in the project, after its revocafiom, they may submit a fresh proposal which shall be " considered de-novo. — • . • - 3 (a) In case,. before submission a report. on compliance to conditions stipulated in the hi-principle approval accorded under the,Act for a mining ptpiect by the State Government ccr the.,y.njoh territory Administratio,n, as the case may be, and grant of final approval by the Central Government within five years from the date of grant of in-prim0e approval, validity of the mining lease expires, instead of submission of a de-novo proposal to obtain approval of Central Government under the Act for diversion of such forest land, for renewal of mining lease, the State Government or Union territory Administration, as the case may be, while submitting report on compliance to conditions stipulated in the in-principle approval may seek final approval of Central Government under the Act for diversion of _such forest land l V•••11101111.111 111.11 for original period of the mining lease for which in-priiicipie - approval has already hien aecoed,- and also for renewal of mining lease for a period, as specified by the State Government and Union rd Territory Administration, as the case may be, not exceeding twenty years. (b) Report on compliance to statutes, circulars or directives, as applicable to such proposals, which came into force after grant of in-principle approval, if any, shall also be submitted to the Central Government along with the report on compliance to conditions stipulated in the in principle approVaL (c) In such cases, apart from grant of final approval under the Act for diversion of such fOrest land for original period of mining lease, the Central Government, shall, after. considering advice of the Forest Advisory Committee or the State Advisory Group, as the case may be, and after further enquiry as it `may consider neceSsary, grant final approval to the proposal of the State GovernMent of Union Territory Administration, as the case May be, for renewal of mining lease Tor a period, as may be specified by the Central Government, not exceeding twenty years, with appropriate conditions or reject the same!'

4. In the said rules, in the Appendix, after Form-B, the following Form shall be inserted, namely: Form for seeking prior approval under section 2 of the proposals by the State Governments and other authorities for prospecting of minerals in forest land

PART - I

(to be filled up by User geney)

1. Project detail:

(I) Name, address and contact details,of the User Agency:

(ii) ,,, Legal status of the*User Agency:

(iii) Name, designation and full address of the person making application

(iii) Documents in support of the competence or authority of the person making this application to make _application on behalf of the User Agency enclosed: (YesfNo)

(v) ivlinend commodity to be ex be

(vi) - Short narrative of the activities proposed to be undertaken in both forest and non-forestiand: (vii) Details of approvals ,accorded by the concerned Ministry or Department in qie State or. Central - ' - Government, as the case may be, for grant of prospecting license in favour of the User Agency: • (viii) Details of forest and non-forest land inaluded in the prospecting lease:

(ix) , Total area of forest land required for prospecting:

(a) Area of forest land likely to experience permanent change in land use -(b). Area of forest land likely to experience temporary change in land use ,, . (X) Totaiperiod for Which the forest land is proposed to be utilised for prospecting: . (xi) Estimated cost of the project:

(xii) betaili of forest land diverted earlier, if any, in favour of the 'User Agency in the State or Union terrietry.along with current status of the use of such forest land: --. ()dill .Detail.s...dt permission accorded earlier, if .

,any, in favour of the User Agency for prospecting of • ." . traperals in forest land along with ailment status of prospecting in each case: M • • ' 2. Details of Maps enclo;ed -Ca Survey of India topo-sheet(e), in-original in 1:50,000 scale showing boundary of prospecting block; boundary of each patch of forest land located within the prospecting block; location of each sample plot or borehole site, roads or pathway (existing as well as new pathway Co be shown separately) to be, used for transportation of drilling equipments; boundary of the adjoining forests and protected areas located within ten (10) Kilometers distance from boundary of forest land identified for prospecting Note 1: In case Survey of India Toposheet in 1: 50,000 scale is not available, especially in case of the areas located near International Borders and other strategic locations, in place of Survey of India Toposheet other maps available in public domain may also be used.

Note 2: Due to technical reasons, while undertaking the prospecting activities, the user agency may vary location of boreholes, sample plots, roads or paths etc. up to 300 meters, provided area of forest land proposed to be utilised and number of trees proposed to be cut, does not exceed the same given in the proposal.

(i) Justification for prospecting in forest land:

(ii) Details of alternatives examined;

(iii) Detail of non-invasive prospecting activities, if any, undertaken by the user agency in the forest land indicated in the extant proposal: •

4. Whether the forest land identified for prospecting is located in scheduled areas (Yes/No);

5. Details of activities proposed to be undertaken in forest land;

(i) Surface sampling

(a) Grab sampling

(f) Geochernical grid sampling with Sampie line spacing

(ii) Pitting or trenching

(a) Number and dimension of pits or trenches

(b) Total volume of excavation

(c) Area of forest land to be utilised for pits or trepches..

(iii) Drilling

(a) Number and dianieter.of boreholes or wells

(b) Spacing of boreholes or wells

(e) Area to be tempoiarily disturbed at each bore hole or, well

(d) Area, if any, to be permanently disturbed at each bore hole or well

(e) Total rneterage of boreholes-or wells

(f) Niimber of drill core samples

(g) Volume of drill core samples

(iv) Construction of roads or paths - -

(a) Length and width of roads or paths proposed to be constructed;

(b) Area of forest land proposed to be utilised for roids. or paths;

(v) Any other activity (pl. specify)

6. Area of forest land likely to experience temporary change in land use due to:

(i) Surface sampling;

[PART 11--,SEc. 3(1)) 20 THE GAZE I lb OF INDIA : EXTRAORDINARY

(ii) Pitting or trenching;

(iii) Drilling;

(iv) Construction of roads or paths;

(v) Any other activity (pl. specify.);

Total:

7. Area of forest land likely to experience permanent change in land use due to:

(1) Surface sampling;

(ii) Pitting or trenching;

(iii) Drilling;

(iv) Constructioi of rortilsip,aths;

(v) Any other activity (pl. spec(y.);

Total:

8. Details of machinery or equipments to be deployed for prospecting : Estimated deployttion ,.(machine hours) 9, Details of existing paths or roads proposed to be utilised for transport of the equipment or machines in the forest land; .

10 Approxhnate number and approximate duration of stay in the forest land of the persons proposed to be deployed for prospecting; .

11. Summary of the estimated-quantity of ore and other samples proposed to be collected during the prospecting (not applicable for hydrocarbon sector): • - ty. proposed to be collected (Metric Tonne) .

13.* Estimated accuracy and confidence level in case number of bore holes proposed to be drilled are reduced by:

(i) (ii) (iii) (iv) (v).

- Accuracy (%) Conficlence level (%) • ....., . .. . . z. ... ...... -.

Details of samples Estimated accuracy and confidence level for mineral reserve assessment; II—v 3(1))

14. In case the proposal is for extension of the period of the permission granted for prospecting, or for drilling of additional bore holes, please provide following additional information:

(i) Details of approval accorded Wider the Forest (Conservation) Act, 1980 in the past: Si. No. Number and date of the approval accorded Area of forest land permitted for prospecting (ha) Validity period of approval . From — To Report on status of compliance to the conditions stipulated in the approval accorded in the past enclosed (Yes/No) Details of violation(s), if any committed.

Justification for extension of permission accorded for prospecting. Details of prospecting aetivitiet undertaken and sample collected, so far.

15. Details of documents enclosed:

Date:

Place:

Signature (Name in Block letter) Designation Address (of User Agency) State serial No. of proposal (To be filled up by the Nodal Officer with date of receipt) PART — H ' (To be filled by the concerned Deputy Conservator of Forests) Division serial No. of proposal------ --- - ----

16. Location of the project or scheme: •

(ii) District

(iii) Forest Division

(iv) Area of forest land proposed to be utilised for prospecting.

17. Legal status of for6st land identified foi prospectihg.

18. Details of vegetation available in the forest land proposed for diversion:.

(i) Folest type; • AVet'age crown density of vegetation;

(iii) • Specics--wise local or scientific names and girth-wise enumeration of trees required to be felled; _ •_ (iv) Working plan prescription for the forest land proposed to be utilised for prospecting.

19. Brief note on topography and vulnerability of the forest. land proposed to be utilised for prospecting to erosion.

20. Approximate distance of the forest land proposed to be utilised for prospecting from boundary-of the forest land.

21. Significance of the forest land proposed to be utilised for prospecting from wildlife point of view: - . , r . . • _

(i) Details of wildlife present in and around the forest land proposed to be utilised for prospecting; (ii) Whether forms part of national park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor, wildlife migration corridor etc., (If so, the details of the area and comments of the Chief Wildlife Warden to be annexed);

(iii) Whether any national park, wildlife sanetuary, biosphere reserve, tiger reserve, elephant corridor, wildlife migration corridor etc., is located within ten kilometers from boundary of the forest land proposed to be - utilised for prospecting (If so, the details of the area and comments of the Chief . Wildlife.'Warden to be annexed);

(iv) Whether any national park, wildlife sanctuary, biosphere reserve, tiger reserve, elephant corridor, wildlife 'migration corridor etc., is located within otie kilometer from boundary of the forest land proposed to be utilised for prospecting (If so, the details of the area and comment§ of the Chief Wildlife Warden to be annexed);

Whether any rare or -endangered or unique species of flora and fauna found in the area - if so • details thereof.

22. Whether any protected, archaeological or heritage site or defense, establishment or any other important monument is located in the area — (If so, details thereof with no-objection certificate (NoC) from cOmpetent authority to be annexed). •

23. Comment as to the reasonability of the extent of the forest land proposed to be utilised for prospecting: • . (i) Whether the requirement of forestland as proposed by, the User Agency in Para 6 and pars-7 of the Part is unavoidable and bare minimum for the project

(ii) If no, recommended area of forest land which may be used for prospecting.

24. Details of violation committed:

(i) Whether any work in viblation of the Act or guidelines issued under the Act has been carried out

(ii) If yes, details of the yiolation including period of work done, area of forest land involved in violation, name, address and designation of the person(s) responsible for violation and action taken • , against the persen(s) responsible for violation;

(iii) Whether work in violation is still in progress (Yes/No):

25. DetailS.of -compensatory afforestation scheme:

(i) Legal, status of the land identifiedtoralie compensatory forestataion; • • (ii) Details such as location, Survey or Compartment or Khasra number; area and.distance front adjoining forest of each plot of non-forest area or degraded forest land identified for compensatory afforestation;

Survey of India Toposheet (s), in original in 1:50,000 scale showing non-forest or degraded forest land identified for compensatory afforestation and adjoining forest, boundaries enclosed? Detailed compensatory afforestation scheme including species • to be planted, implementing agency, time schedule, cost structure, etc. enclosed (Yes/No); (v)Total financial outlay for compensatory afforestation scheme;

(vi) Certificates from the concerned Deputy Conservator of Fdrests regarding suitability bf area identified for compensatory afforestation and from management point . of view enclosed? 26, Site inspection report of the Deputy Conservator- of Forests highlighting impiartant facts pertaining to the impact of proposed activities on flora and fauna enclosed (yes/No); I

27. Specific recommendations of..the Deputy Conservator of Foresti for acceptance or otherwise of the proposal with.reasons.

Signature Date:

thice:

Name Official Seal (iv) PART — III (To be filled by the concerned Conservator of Forests)

28. Whether site, where the forest land involved is located has been inspected by the Conservator of Forests (Yes/No). If yes the date of inspection and observations made in form of inspection note to be enclosed.

29. Whether the Conservator of Forests agree with the information given in Part-Il and the recommendations of Deputy Conservator of Forests.

30. Specific recommendation of Conservator of Forests for acceptance or otherwise of the proposal with detailed reasons.

Date:

Place:

Official Seal PART — IV (To be filed in by -the Nodal- Officer or Principal Chief Conservator of Forests or Head of Forest Department)

31. Detailed opinion and specific• recommendation of for acceptance or otherwise of the proposal with remarks (While giving opinion, the adverse comments made by the Conservator of Forests or Deputy Conservator of Forests should be categorically reviewed and critically commented upon). Date:

Place:

Signature Name Official Seal PART — y (TO be filled in by the Secretary in charge of Forest Department or by any other authorised officer of the State Government not belOin 1he rank of an Under Secretary) 32 " Recommendation of the State 'Government:

(Adverse commenta made by any offiCer or- authority in Pa 11 or.Part -H111..ot Part-W a.l.:bove should :be specially COrinfiented UPOrt).

Signature Name Official Seal -- -- ------- M. S. NEGI, Inspector General of Forests: (Forest Conservation) Note: The Principal rules were -published in the gazette of India vide number

G.S.R. 23 (E) dated the 10th January, 2003 aid iii6Aetinentlji atitendeil vide

G.S.R 94 (E) dated the 3rd February, 2004 and vide

G.S.R. 107 (E) dated the 9th Fehirary, 2004' dP Printed by the Manager. Government of India Press, Ring Road, tvlayapuri. New Delhi-I 100k4 and Published by the Controller of Publications. Delhi-110054, Signature Name Page 1 Page 2 Page 3 Page 4 Page 5 Page 6 Page 7 Page 8 Page 9 Page 10 Page 11 Page 12 Page 13 Page 14 Page 15 Page 16 Page 17 Page 18 Page 19 Page 20 Page 21 Page 22 Page 23

Provisions this rule answers to

Read out of the instrument itself: an enabling provision is one it says it was made under, which is the power it rests on. The rest it names without resting on.

Other instruments under the same Act

All of the The Van (Sanrakshan Evam Samvardhan) Adhiniyam, 1980