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[. No. 11-731 2014-lC

Governmerlt of lndia
l\.{irlistry of Envirorrnrcnt and Forests
(FC I)ivision)
Paryavaran Bhawan,
CGO Complex, Lodhi ltoad,
New Delhi - 110 510
Dated:13'h May, 2014
'lo

Th€ Principal Sccretary (For€stsl

AII State /Union lerritory Governments
Srb: Guidelines for divcrsion of forest land for non-forcst PurPoses under the Forest
(Conservation) Act, 1980- SimPlified procerlures to obtain aPProval undor the Forest
(Conservation) Acf 1980 for diwersion of forest lanc1 located in safety zone of existing
fiincs- /l]]8.
Sir,

I;m directed to say that paragraPh 4.7 (i) ot the Suidelines for diversion of forest land
for non-forest purposes under the Forest (Cotrs€rvation) Act,1980 (FC Act) originally Provided

" Forest area ftquired fot safery zone for mining operations should not be Patt of thc
fotest arca ptoposed J:or dioersion. HotueoeL
it should be hdicated scparately in the PrcWsaL
'Such
arca willt haie to be fencetl at thc cost of ttu ptojcct tlutlonty Further' Ptoiect
authoily ltill haue to aeposit lunas u)ith thc Forest Deparhneflt for the Protection and
regeneriaon of such safety zone .Lrei and also @ill haae to ben the cost of afforcstdtion ooer
oie and half nmes of the safet! zone area in Llegaded forest elsanhere "
2. Keeping in view the said guidelines, though Prior aPproval of Central Govemment
under
the FC Act fir diwersion of forest land located within saJety zone of mirring lease was not
sought by the State Govemments, details z'iz alea, rnaP etc- ol forest land locate within the
*"t" *purately Ptovided in the ProPosals submitted by d1e State Cowernrnents to
"uf."ty
obtain "ott"
prior approval of Canbal Govertunent under the FC for diversion of the remaimng
forest land located within the rnining lease.
for
3. Similarly, CenEal Goverffnent though was not according aPProval under the FC Act
diversion of'forest land located within safety zone of mining leas€s, it was stipulating
appropriate conditions, as Provided i^ pal" 47 (i) of guidelines issued under the FC
Act' in
.i"t..'t of tr.r. r".e"t rand located within safef,y zone of the ''.ining leases, in the aPProvals for
divlrsion of the remaining forest land locat€d within the mining leases'
on lease of
4. This Ministry after review of the said guidelines observed-that assignmenr of
forest land located within safety zone of the mining lease in favour the user agencres'
of Central Govefifirent under the FC Act for its diversion
-i*ro..t oUfai"i"g Prior aPPrcval (iii) 6rc section 2 FC AcL which leads as below:
amounts to violaio; of clause of
"Notwithstandirls ,nything contained in any other Imo for the.time beinS in force tn
a ltate, no State Go.reftimt'or otitzt authoity shall make' except with tha
pior awtuual of
that lafid or any potEon lhzre.oJ mav
the Centrttl Gooemment, afly otdel directing any forest
be assieled bv wav of lease or olhel'tDise lo any PiDaIe persotl or lo any authority'
;;;;;;r;,;s*ri oth?r orsanization ior ouned' manased or controtted bv
Goveflfient"
'; ""v
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5. A.cordingly, this Mi'ristrl .lncn(t(:(l tho s.tict guidelrnes- lhe 'rrrretxl(:d Suidelines'
(nrmunicated t() Sh tcs/ tJ I s. vide tltis M inistr y's L.tter No 8 25l 20 to-lrc' d'tecl | 2di luly 2011

"Arprout! tr.ltr the A.t I.,t niu'rsio oJ e'ttie fotcst litt'l locat'Lt toithn'
the ni,tins lcdsc, itrcltuli"g thc forcst Lt,kI IoMtcd ,' safety zo,tc' shottl'| be oL'taitetl
bcforc dectiiot of nn'rtg lense i" fato'tr of the ust age"clt Howew,lot'st arca
req ncd for s'tfety zo"e shotld b" i,t.ticatcd seFantelll i" the Prcpos'tl' stu'h ata
uiil hau to br Ji )k1'd nt lht,:osL of tl!.lnrl.tt ttuthoritu. Lt'tthet,I'roJtct nuthoritv u'iLL lnoe
ta .lepo frtnts uitlt tle Forcst Dcpdrhtu)tt lbr tle lrotcctiotl d d rc8ercmtion of such
sltfety zone nrn nnn fllsn utiu httot tt)b. tttc t'tst of alfotcstatia outt onc t tn d half Lines of
the salety za c nrcn l dcgndcd ftJttst (lstlol,r:h: "

6. States/ Union lerrit.)ries are now therefore, neecl to obtain Prior aPProval of Central
Govertunent under the ljc Act for diversion of entire forest land k)cated within a mining lease,
including forcst land l('catecl within safcty zone of tha mining lease.
7. This Ministry after examination of the rnatter observed that adlrerence to existrnS
procedure involving examination of proPosal at several levels in the State/ Union'ferritory and
Central Governments for obtaining approval under the FC Act for diversion of forest Iand
locat€d within the safcty zone, in mines where approval under the FC Act for diwersion of the
entirc remaining forest land has already been obtained, will not serve any useful purPose for
the fouowing reasons:
(i) lmpact of ctiversion of forest land bcated in safety zonc, which in any case camot
be utilised for mining or any other non-forest purpose, has already been examined at
the time of grant of approval under the FC Act for diversion of the rernaining forest
land located within the mining lease, and
(ii) Appropriate measures to mitigate imPact of diversion of such forest land have
also been stipulated in the approval under the FC Act accorded for diversion of rhe
remaining forest land located within the mining lease.
8. After careful examination of the matter, I am directed to say that in case of mines where
approval under the FC Act for diversion of the entire forest land, excePt the forest land located
within safety zone has already be€n obtained and while submitting proposal for obtaining prior
approval of Central Governrnent under the FC Act for diversion of forest land located in such
Inines, piior approval of Central Government under the FC Act for diversion of forest land
located widrin safety zone of the rnining lease was not sought k€eping in view that as per the
para 4,7 (i) of guidelines issued under the FC Act appfoval under the FC Act for diversion of
such forest land at that time was not required to be obtained, the foltowing sirnplified
procedure may be followed:
(i) Srate covernment should seek the prior permission of dre Central Government for
diveGion of forest land located in safety zone giving details of the earlier approval in
. letter form rather than initiating a fresh proposal.
(ii) While s€eking prior permission of the Central Govemrnent for diversion of such forest
larl4 report on compliance to statute(s), circular(s) or directive(s), as applicable to the
project, if any/ which came into force after grant of earlier approval, shall also be
submitted to the Central Govemrnent.
(iii) ln case of proiecrs, where after placing tuI detaiis of the ploiecl including safety zone of
the proiect, inJormed consent of all concerned glam sabha(s)/ as provided in dause (c)
lead with clause (bt (e) and (0 of this Ministr/s lette! No. 11-9l9&FC (pt) dated 3d
Auglst m09, has already been obtained while obtaining earlie. approval fresh cons€nt of
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gram sabha(s) for diversnn of rofcst l.rnd locatcd nr safclv zone o( the rninnlg loase is not
iequired to te obtainect llowever, ceftificale regardi'rg conrPletion of pLocess for
identification and settlcment of riglrts under the Scheduled Tribcs and Other Traciitional
Forest Dwellers (Recosnitio'1 ol Forest Riglrts) Act,2006, in rcsPect of the torest land
located within the safeiy zonc, as providctl in clausc (a), (d)' (lt 'tnd (h) of this Mhistry's
said letter dated 3^tAugust-2009, which i'r case of maiority of thc forest area
in the
country has already been comPleted, will bc requircd to be Provided by the Statc
Government;
(iv) Central Govcrnment shall aftcr examination of the request and after such further
enquiry
Government tor
as it may consider necessary, grant aPproval to the request of the State
diversion of forest lanct locatcd within safety zone of tlrc mining lcase for a Period
period which aPProval for divarsion of the renaining forest land
coterminous with the for
located within the mining lease has been accorded

i,.'-''
1u.d.'Crraudrraryl
Assistant InsPector General of Forests
Copy tor
1. Prime Minister's Ofiice (Kitd attn': s,llri Santosh D Vaidya' Director)
2. Secretary, Ministry of Mines, Goveioment of India' Shastri Bhawan' New Delhi 110 001'
3- S€cretary, Ministiy of Coal, Government of lndia'shastd Bhawan' New Delhi 110
o01

4. Principal Chief Cbnservator ofFor€sts, allState/uT Govemments'

5. Nodal Officer, the Folest (Conservation) Act,1980' all Stat€/UT Govemrnents
5. AII ReSional Offices, Minishy of Environment & Forests
7. Joint Secretary in-charge, ImPact Arsessment Division' MoEF'
Division'
8. A Assistant lnsPector General of Forests/ Director in the Forest Cons€rwation
MoEF.
Government of India' New
9, Director R.O. (HQ), MinisEy of Environment and Forests'
website
NlC, MoEF with a request to Place a coPy of the tett€r on
Jv Sr. Director (technical),
of this MinisEY.
11. Sr. PPS to the Secretary, Environment and
lorests'
Special Secietary' MoEF'
72. Sr. PI'S to the Director G€neral of Forests &
MoEF.
13. $. PI€ to the Addl. Ditector General of Forests (Forest Conservafon'
44. ItS to the lnsPector G€neral of Forests
(For6t Conservation)' MoEF'
15. Guard File-
(H.c. chaudhary)
AssGtant lnsFctor General of Forests