Forest Conv Rules
Forest Conv Rules
7/2022
To
The CGMs
All Core Network Circles, Telecom Circles & Metro Telecom
Districts.
Forest
The of Environment, Forest and Climate Change,
Ministry
Conservation Division has issued a
draft on the above subject, The
where under sub-rule (3) of rule 11
has
Forest (conservation) Rules 2003 Accredited
been inter-alia, provided
that a proactive mechanism for
with the
Afforestation (ACA) shall be developed along
Compensatory
Central Government.
suitable guidelines by the
arrange to
submit comments/
it is requested to kindly on
Hence,
(Conservation) Rules, 2022: Draft guidelines
Suggestions on Forest Afforestation to CNO cell by
30.11.2022 so
of competent authority.
This is issued with approval
(t/292
(Narender Kumar)
DGM (CNO)
File No.FC-11/118/2021-FC 552
753978/2022/FC
Government of India
Ministry of Environment, Forest and Climate Change
(Forest Conservation Division)
Indira Paryavaran Bhawan,
Aliganj, Jor Bagh Road,
New Delhi: 110003
Dated: 15th September, 2022
To
1. Secretary, Ministry of Defence, Home Affairs, Coal,Mines,
Power, RT&H, PN&G, Steel, Railways,
Communications (DoT)
2. Principal Secretary (Forests)
All States/UTs
Sub: Forest (Conservation) Rules, 2022 : Draft guidelines on the
Accredited Compensatory Afforestation - reg.
Madam/Sir,
I am directed to the refer to the Forest (Conservation) Rules, 2022 notified by the
Ministry on 28.06.2022 in suppression of Forest (Conservation) Rules, 2003
whereunder sub-rule (3) of rule 11, it has been, inter-alia, provided that a proactive
mechanism for Accredited Compensatory Afforestation (ACA) shall be developed
along with the suitable guidelines by the Central Government. In this connection, it is
to inform that in pursuance of the provisions of the said rules, a draft outline of the
framework on Accredited Compensatory Afforestation has been prepared by the
Ministry for seeking comments of the stakeholders. A copy of the said draft is
enclosed herewith.
3. Addl. PCCF & Nodal Officer (FCA), O/o PCCF, All State/UTs
4. Sr. PPS to Secretary/PPS to DGF&SS/PPS to Addl. DGF(FC)
5. Guard File
554
753978/2022/FC
Background
1. Compensatory afforestation (CA) is one of the crucial components
facilitating the process of decision making under the Forest
(Conservation) Act, 1980. It is mandatory that all proposals requiring
prior approval of the Central Government under the Forest
(Conservation) Act, for non-forestry use of forest land are accompanied
with a comprehensive scheme of compensatory afforestation.
2. As per existing norms, user agency identifies the land for CA and submits
the details of the same, as a part of the diversion proposal, along with
undertaking to bear the cost of afforestation. Once the proposal is granted
‘In-principle’ approval by the Central Government under the Forest
(Conservation) Act, 1980, the CA land is transferred and mutated in
favour of the State Forest Department and subsequently it is notified as
PF under the Indian Forest Act, 1927 or any other local laws. After Stage-
II approval, forest land proposed for non-forestry use is released to user
agency and thereafter, the Forest Department undertakes CA in non-
forest land provided by the user agency. This practice has been in vogue
for last four decades.
3. Difficulties, observed during the intervening period in the
implementation of CA scheme, were also enumerated which primarily
include delayed fund flow, untimely availability of non-forest land,
uncertainty of survival percentage, etc.
4. To address the aforementioned difficulties, the Ministry has recently
notified the Forest (Conservation) Rules, 2022 which inter-alia envisages
formulation of an Accredited Compensatory Afforestation (ACA)
mechanism to be used for obtaining prior approval under section 2 of the
Forest (Conservation) Act, 1980. ACA is a system of proactive
afforestation to be used for obtaining prior approval under section 2 (ii)
of the Act. ACA provides raising of advance afforestation over a non-
forest land free from any encumbrance.
5. To implement the provisions of sub rule 3 of rule 11 of Forest
(Conservation) Rules, 2022, the preconditions, mechanism and
formulation of proposal are given as under:
Criteria of raising ACA:
(i) Lands on which the provisions of Forest (Conservation) Act, 1980 are
not applicable and are free from all encumbrances should be
considered for ACA;
555
753978/2022/FC
(ii) ACA area agreed for trading between the agency and user agency will
be surveyed by the user agency using DGPS, total stations or like
technology and detail of the area along with digital Differential GPS
map (KML/shape files) and copy of agreement shall be submitted to
the Forest Department along with application for diversion of forest
land under the Forest (Conservation) Act, 1980.
(iii) Afforestation scheme implemented by the agency for a period of 5
years or scheme for maintenance of existing afforestation, as the case
may be, will be assessed by the State Forest Department and if needed
term of the scheme may be recommended to be increased to such
duration as the Forest Department may deem fit.
(iv) The Forest Department shall give priority to such proposals and on
receipt of ‘In-principle’ approval said land parcel shall be transferred
and mutated in favour of the State Forest Department and declared as
Protected Forest under Section 29 of the Indian Forest Act, 1927 or
any other law.
(v) No cost of raising compensatory afforestation shall be charged from
the user agency by the State Forest Department.
(vi) As the afforestation so raised may be utilized in parts, therefore, until
a patch of minimum size of 5 ha is transferred in lieu of diversion of
forest land, the concerned agency, at the cost of user agency may
manage the area till such time as required or till the entire patch is
transferred to the Forest Department.
8. Benefits likely to be accrued from the ACA scheme:
(i) A system of proactive afforestation to be used for obtaining prior
approval under section 2 (ii) of the Act by way of raising advance
afforestation over a non-forest land free from any encumbrance.
(ii) The compensatory afforestation would be undertaken in advance
which will obviate any delays that could be caused due to fund flow or
administrative/technical procedures.
(iii) Proposed scheme will promote onset of flow of ecosystem goods and
services in advance and also to open a new area for investment in forest
sector.
(iv) Proposed scheme will encourage afforestation over fallow lands
thereby helping in achieving the national targets as envisaged in the
National Forest Policy, 1988
(v) Alternative non-forest land that may be made available would be in a
suitable block thereby facilitating appropriate protection measures.
(vi) Proposed scheme will expedite afforestation works which will
ultimately increase the total carbon sequestered thereby helping to
achieve the NDCs targets.
******
558
753978/2022/FC
Email FC Division MEFCC
Sub: Forest (Conservation) Rules, 2022 : Draft guidelines on the Accredited Compensatory Afforestation -
reg.
From
: FC Division MEFCC <[email protected]> Fri, Sep 16, 2022 01:43 PM
Subject
: Sub: Forest (Conservation) Rules, 2022 : Draft guidelines on the Accredited 2 attachments
Compensatory Afforestation - reg.
To
: AJAY KUMAR <[email protected]>, Dr. Dharmendra Singh Gangwar
<[email protected]>, Anil Kumar Jain <[email protected]>, Alok Tandon <secy-
[email protected]>, Shri Alok Kumar <[email protected]>, SECRETARY MORTH
<[email protected]>, Secy PNG <[email protected]>, Sanjay Singh <secy-
[email protected]>, Commerce Secretary Office <[email protected]>, Rajesh Kumar
Pathak <[email protected]>, DEFENCE SECRETARY <[email protected]>, K
Rajaraman <[email protected]>, secyper.and <[email protected]>,
[email protected], [email protected], Conservator of Forests <lak-
[email protected]>, [email protected], Y.Madhusudhana Reddy, IFS
<[email protected]>, PCCF Uttarakhand <[email protected]>, fc
campa mizoram <[email protected]>, pccf hoff
<[email protected]>, Soumitra Dasgupta, IFS <[email protected]>, cf
chandigarh <[email protected]>, [email protected],
[email protected], nodal pccfhoff <[email protected]>,
[email protected], M L Srivastava <[email protected]>, Spl CS EFST
<[email protected]>, efstdept secretariat <[email protected]>,
[email protected], [email protected], PCCF(HoFF), Jharkhand
<[email protected]>, PCCF Secretary <[email protected]>,
[email protected], [email protected],
[email protected], [email protected], Jagdish Chander <pccf-
[email protected]>, Chief Conservator of Forest <[email protected]>, Sh. A.K Singh
<[email protected]>, secforest goa <[email protected]>, Secretary Power
<[email protected]>, [email protected], Amit Jha IAS FC Forest Govt Of
Haryana <[email protected]>, Mr Onkar Chand Sharma <forestsecy-
[email protected]>, [email protected], [email protected],
[email protected], ashathomas ias <[email protected]>, ACS Forest
<[email protected]>, K R JYOTHILAL <[email protected]>,
[email protected], PS Forest MP <[email protected]>, psec
revenue <[email protected]>, sec forest
<[email protected]>, [email protected],
[email protected], [email protected], [email protected],
mona orissa <[email protected]>, Secretary Forest & Environment
<[email protected]>, Pondicherry Pollution Control Committee Pondicherry
<[email protected]>, [email protected], ACS Forest and Wildlife Punjab
<[email protected]>, Pr. Secretary, Forests, GOR <[email protected]>,
Mukund Lal Srivastava <[email protected]>, [email protected], SANTHI
KUMARI IAS <[email protected]>, [email protected], Sanjay
Kumar Rakesh <[email protected]>, [email protected], Secretary
Forest <[email protected]>, Vivek Kumar <[email protected]>,
[email protected], [email protected], Rakesh Chaturvedi <pccf-
[email protected]>, Principal Chief Conservator Forest Dept Goa <Pccf-
[email protected]>, Ajay Srivastava <[email protected]>, HoFF Kerala
<[email protected]>, PCCF MP PCCF MP P C C F M P <[email protected]>,
[email protected], Additional Principal Chief Conservator of Forest,
Conservation,Nagpur Maharashtra Forest Department
<[email protected]>, Cavouright <[email protected]>, pccf raj forest
<[email protected]>, Dr.P.DURAIRASU IFS <[email protected]>,
[email protected], [email protected], PCCF UP <[email protected]>,
[email protected], [email protected], Mr Prashant Goyal
<[email protected]>, [email protected], addlpccf nodal
<[email protected]>, apccfcampa bih <[email protected]>,
Sunil Kumar Mishra <[email protected]>, DCF Monitoring <dcfme-
[email protected]>, dcf fca gujarat <[email protected]>,
[email protected], [email protected], [email protected],
[email protected], APCCF SA and NO <[email protected]>, APCCF RN
<[email protected]>, APCCF Lan Management <[email protected]>,
Additional Principal Chief Conservator of Forest Nodal CellNagpur Maharashtra
559
753978/2022/FC
Forest Department <[email protected]>, [email protected],
[email protected], [email protected], [email protected],
fccampa mizoram <[email protected]>, [email protected],
[email protected], [email protected], nodal pccfodisha
<[email protected]>, [email protected], ccf fca rajasthan
<[email protected]>, fca sikkim <[email protected]>,
[email protected], [email protected], [email protected],
[email protected], [email protected], [email protected],
[email protected], apccf crzfc <[email protected]>,
[email protected], Conservator of Forests Puducherry
<[email protected]>, [email protected], CCF DD DNH <[email protected]>, MoEF &
CC IRO Bangalore <[email protected]>, Dy. Director General <rowz.bpl-
[email protected]>, Artatrana Mishra <[email protected]>, Regional Officer MoEF
IRO Chandigarh <[email protected]>, [email protected], Dr. Yogesh
Gairola <[email protected]>, IRO, Lucknow <[email protected]>, Shri. V N
Ambade <[email protected]>, ROR MoEFCC <ro.ranchi-
[email protected]>, ro nez shil <[email protected]>, IRO Jaipur <iro.jaipur-
[email protected]>, IRO Guwahati <[email protected]>, IRO Raipur
<[email protected]>, Dr Soma Das <[email protected]>, IRO
Shimla <[email protected]>, IRO Jammu <[email protected]>,
IRO Gandhinagar <[email protected]>, IRO Vijayawada
<[email protected]>, IRO Hyderabad <iro.hyderabad-
[email protected]>, MoEF&CC, Regional Office, Shillong <[email protected]>,
RO MOEF&CC CHENNAI <[email protected]>
Cc
: Ms Leena Nandan <[email protected]>, Shri Chandra Prakash Goyal
<[email protected]>, S. P. Yadav <[email protected]>, Ramesh Pandey
<[email protected]>, Preet Singh <[email protected]>, Suneet
Bhardwaj <[email protected]>, DHEERAJ MITTAL <[email protected]>, Charan
Jeet Singh <[email protected]>, Rakesh Kumar <[email protected]>,
PAMPOSH MOHAN KOUL <[email protected]>, jiju J.S. <[email protected]>,
RajeshKumar TechnicalOfficer <[email protected]>, GAURAV CHAMOLI
<[email protected]>, Anil kumar <[email protected]>,
[email protected]
Respected Sir/Madam,
I am directed to forward the guidelines letter dated 16.09.2022 regarding the above-mentioned subject for
kind information and necessary action.
--
Government of India
Ministry of Environment, Forest and Climate Change
Forest Conservation Division
Indira Paryavaran Bhawan Jor Bagh Road Aliganj
New Delhi-110003
011-20819388
11-118-2021-FC.pdf
465 KB