Statement of Clause by Clause consideration of the Forest (Conservation) Amendment Bill, 2023 by the Joint Committee on the F orest

(Conservation) Amendment Bill, 2023

Clause Provisions in the Provisions proposed in Reasons/Justification Salient features of suggestions Comments of the Ministry
No. of Principal Act Amendment Bill (from other
the ministries/organizations/State
Bill Governments/General
public/Experts) sent by the
Committee to the Ministry
Long An Act to provide No amendment proposed No comments The current preamble fails to The proposed preamble does
title for the mention this primary objective of not supress the long title of
conservation of the statute, which is to regulate and the Principal Act. The
forests and for control the diversion of forests. preamble of the Bill is in
matters connected addition to the existing long
therewith or title of the Act which provides
ancillary or for conservation of forest and
incidental hereto. activities ancillary or
incidental thereto.
1(1) This Act may be This Act may be called the No comments - -
called the Forest Forest
(Conservation) Act, (Conservation)Amendment
1980. Act, 2023.

1(2) (2) It extends to the It shall come into force on No comments - -

whole of India such date as the Central
except the State of Government may, by
Jammu and notification in the Official
Kashmir. Gazette, appoint.

(3) It shall be
deemed to have
come into force on
the 25th day of
October 1980.

1
2 Not applicable Insertion of Preamble. The Act was enacted to regulate The current preamble totally fails to
The intent of the existing
(provisions do not In the Forest the process of forest land regulate and control the diversion provisions of the Principal Act
exist in the (Conservation) Act, 1980 diversion. Since the enactment of of forest land as it lays emphasis on
i.e. long title of the Act has not
Principal Act). (hereinafter referred to as the Act, there has been change in ‘increasing forest and tree cover by
been amended and is retained
the principal Act), after the the ecological, social and creation of carbon sinks’;
in its existing form. Therefore,
long title and before the environmental regimes and ‘improvement of lives and
regulatory provisions of the
enacting formula, the policies relating to conservation livelihoods of forest communities’ Act have been kept intact.
following preamble shall and development of forests. and ‘conservation and management Preamble proposed in the Bill
be inserted, namely:- Achieving the national targets of and restoration of forests’. These is in addition to the existing
“WHEREAS, the Net Zero Emission by 2070 and are already covered under other provision of the Act.
importance of forests is to maintain or enhancing the forest acts like the Indian Forest Act, Preamble has been inserted to
be realised to enable carbon stock is a top priority. 1927, The Scheduled Tribes and the Act to strengthen the
achievement of national Further, to carry forward the Other Traditional Forest Dwellers forest management by
targets of Net Zero country’s rich tradition of (Recognition of Forest Rights), Act,
improving its health,
Emission by 2070 and preserving forests and their bio- The Wildlife Protection) Act and productivity and flow of
maintain or enhance the diversity, it is necessary to the Biological Diversity Act, 2002.services besides promoting
forest carbon stocks enhance forest based benefits, community participation.
through ecologically including improvement of Moreover, enabling provisions
balanced sustainable livelihoods for forest dependent provided under section 6 of
development; communities. the Bill will be invoked,
AND WHEREAS, In the above background, it has whenever needed, to clarify
Nationally Determined been proposed to insert a the applicability of the Act and
Contribution targets of the Preamble to the Act. Provisions of the preamble are not to ensure that no misuse of
country envisage creating supported by the provisions forest land take place.
carbon sink of additional provided in the Bill
2.5 to 3.0 billion tons of Provisions of the Bill supports
CO2 equivalent by 2030; the aims and objectives given
AND WHEREAS, the in the Preamble.
country envisages an The provisions of clause (b) of
increase in the forest and subsection (2) of section 4 of
tree cover to one third of the proposed Bill encourages
the land area of the to raise afforestation in

2
country which has to be private lands, thereby
given impetus with an facilitating the peoples
enhanced growth participation in increasing the
trajectory; green cover of the country and
AND WHEREAS, India to combat the global issues
has a rich tradition of such as carbon neutrality,
preserving forests and enhancing the carbon sink,
their bio-diversity, and better forest management, etc.
therefore enhancing forest Promotion of afforestation in
based economic, social the non-forest land will create
and environmental additional carbon sink besides
benefits, including reducing pressure on forests.
improvement of Management of forest for
livelihoods for forest improved productivity and
dependent communities is flow of ecosystem goods and
envisaged; services will also add to
AND WHEREAS it is mitigate the impact of climate
necessary to provide for change and conservation of
provisions relating to forests.
conservation management Explanation provided under
and restoration of forests, section 5 of the Bill provides
maintaining ecological enabling provisions for quick
security, sustaining response to natural hazards in
cultural and traditional the forests, and to facilitate
values of forests and the effective forest
facilitating economic management by way of
needs, carbon neutrality enabling provisions for basic
.”. infrastructure for forest front
line staff.
Provisions also promotes
people participation in the
process of forest conservation
besides providing them
livelihood opportunities by

3

3 1(1) This Act may Amendment of section 1.
be called the Forest In section 1 of the principal
(Conservation) Act, Act, in sub-section (1), for
1980. the words and brackets
“Forest (Conservation)
Act”, the words and
brackets “VAN
(SANRAKSHAN EVAM
SAMVARDHAN)
ADHINIYAM” shall be
substituted.
way of eco-tourism and setting
of zoos and safaris.
The Forest (Conservation) Act, Amendment in the name of the Act Dynamic changes in the
1980, is an important Central in Hindi is against the linguistic policies and programmes call
statute for the conservation of federalist principle of thefor more efficient
forests in the country. It provides Constitution and blatant impositionmanagement of our forest
that the diversion of reserved of Hindi. resources to increase their
forests, use of forest land for productivity. Besides this, to
non-forest purposes, assigning of Change in the name of the Act will cater the global challenges viz.
forest land by way of lease or weaken the social fabric of the carbon neutrality, Nationally
otherwise and and clearing of country. Existing name should Determined Contributions
naturally grown trees for the continue. (NDC), it is necessary to
purpose of reafforestation, increase the green cover,
requires prior permission of the striking a balance between
Central Government. During the ecological stability and
last four decades, the economic aspirations, etc.
interventions of the Act have Therefore, considering the
substantially regulated the aforementioned facts, it has
process of forest land diversion. been proposed to assign a self-
However, contemporary issues contained name to the Act.
such as climate change, carbon
neutrality, etc., call for more
efficient management of our
forest resources to increase their
productivity and flow of
ecosystem goods and services
besides catering to the economic
aspirations of the country. The
security and strategic interests of
the country also need to be
addressed. Therefore, with a
view to make the provisions of
Act more relevant to the present
4

4 Not applicable Insertion of new section
(provisions do not 1A- Act to cover certain
exist in the land.
Principal Act).
After section 1 of the
principal Act, the following
section shall be inserted,
namely:––
“1A. (1) The following land
shall be covered under the
provisions of this Act,
namely:––
scenario and inclusive, it has
been proposed to rename the
Forest (Conservation) Act, 1980,
as the Van
(SanrakshanEvamSamvardhan)
Adhiniyam, 1980.
- - -
The applicability of the act in It overturns or reverses the gains of The provisions proposed in
various types of lands has been the order of the Supreme Court of the Bill are in line with the
dynamic i.e. initially provisions India dated 12th December 1996 in order dated 12.12.1996 of
of the Act were being applied to the T. N. GodavarmanThirumalpad Hon’ble Supreme Court. It
the notified forest land only and v. Union of India and Ors case covers the notified forests and
subsequently, Act was made forest in government records.
applicable to revenue forest land Forest lands, including
or in lands which were recorded dictionary meaning forest
as forest in government records. land, have been identified by
Many of such lands were already the Expert Committee of the
put to non-forestry use such as State/UTs and the same have
habitations, institutions, roads, already been taken on record
etc. with the required approval of and hence the provision of the
the competent authority. Besides Act will remain applicable on
this, apprehensions were also such lands also.
prevalent regarding applicability
of Act in the plantations raised in
private and government non-
forest lands. This situation
resulted in misinterpretation of
5
 the provisions of the Act with
respect to their applicability
specially in recorded forest
lands, private forest lands,
plantations, etc. Therefore, to
remove ambiguities and bring
clarity about the applicability of
the Act in various lands, the new
section 1A has been inserted to
prescribe the extent of
applicability of the Forest
(Conservation) Act.
(a) the land that has -do- Many areas of land are proposed for Area notified under the Indian
been declared or notification under Indian Forest Forest Act, 1927, including the
notified as a forest in Act before this date, and have not areas notified under section 4
accordance with the been finalized yet. The legality in (proposed to be notified), will
provisions of the Indian such cases need to be looked into be covered under the
Forest Act, 1927 or and clarified. provision of the Bill.
under any other law for
the time being in force;
(b) the land that is not -do- Forests which were recorded as The phrase of the Bill
covered under clause (a), forests in any government record ‘….recorded as forest as on
but has been recorded in prior to 25 October 1980 will not be 25.10.1980….’ implies that all
Government record as regulated or protected under the lands which have been
forest, ason or after the principal Act. recorded as forest even before
25th October, 1980: 25.10.1980 will also be
covered under the provisions
of the Act.
Critical ecosystems such as Western
Ghats, Wildlife Corridors have been
compromised as they are not Section1A clarifies that the
covered under the Act. The cut off provisions of the Act will be
date of 25.10.1980 opens up a large applicable on the notified
extent of forest land that are with lands under the Indian Forest

6
 other departments on lease with Act, local Acts or laws and
just usage rights. lands recorded as forest in the
revenue records. Moreover,
the government records has
also been defined to capture
Insertion of new section 1 A goes all types of forest lands
against the protection given to available in a particular area.
forest under the FCA by Supreme
Court Godavarman Judgement. Applicability of the Act as
Large part of Aravalli will get proposed in the bill is in line
opened up for commercialization. with the Hon’ble Supreme
Court order dated 12.12.1996.
Government records, defined
under section 1A of the Bill,
implies that the scope of the
applicability of the Act is in
line with the Supreme Court
order dated 12.12.1996.
Further, deemed forest lands,
identified by the Expert
Unclassed forests will be outside Committee of the State, have
the purview of the Forest been taken on record and
(Conservation) Act, 1980 thereby hence the provision of the Act
limiting and diluting the Hon’ble will be applicable in such
Supreme Court order dated lands also.
12.12.1996.
The new section 1A sub-section 1 There is no dilution of Hon’ble
threatens the bulk of the Supreme Court order.
biodiversity-rich forests in Explanation provided under
Aravallis, Terai, Central India, proposed section 1A(1) of the
Western Ghats and the North-East, Bill clarifies that all forests,
which may no longer be considered including unclassed forests,
‘forest’ for the purpose of the recorded in the record of
Principal Act. Government, Forest

7
 Department local bodies, or
authority will also attract the
provisions of the Act.
Approximately, 27.62% percent of Moreover, enabling provisions
our forests (recorded forest), out of provided under section 6 will
the total forest area will fall beyond be invoked, whenever needed,
the scope of the Act. to clarify the applicability of
the Act and to ensure that no
misuse of forest land take
place.

The India’s State of the Forest

Report of the Forest Survey of
India mention that about
5,16,630 sq km of the forests
of India are within Recorded
Forest Areas (notified forest
areas) while 1,97,159 sq km of
forests lie outside Recorded
Forest Areas which includes
revenue forests, private
forests, agroforestry
Provisions of the Forest plantations, etc. Provisions of
(Conservation) Act, 1980 may not the Act are applicable on the
be applicable on the lands revenue forest land, private
identified for raising Compensatory forest land and other land
afforestation recorded as forest in the
land records. Therefore,
observations that 27.62% of
the forest will fall beyond the
scope of the Act is not tenable.

Non-forest land identified for

8

Provided that the -do- Proviso exempting forest land
provisions of this clause already put to non-forestry use
shall not apply to such before 12.12.1996 is ominous as
land, which has been gamut of activities such as mining
changed from forest use allowed in the forest area will be
to use for non-forest exempted.
purpose on or before the It will legalise all the forest land put
12th December, 1996 in to non-forestry use before the
pursuance of an order, 12.12.1996 without the prior
issued by any authority approval of the Central
authorised by a State Government.
Government or an Union The land use can be changed
territory Administration without payment of NPV and
in that behalf: following the process of forest
clearance.
Exemption of land which changed
from forest use to non-forest use
before December 12, 1996 may
contradict a Supreme Court
judgment.
Explanation.- For the Currently, applicability of the Act Para1( a) of section4 has been
9
raising compensatory
afforestation are notified as
forest land before the Stage-II
approval under the FC Act.
Therefore, provisions of the
Forest (Conservation) Act,
1980 will be applicable in the
lands identified for raising CA.
Provisions are applicable for
recorded (revenue) forest land
only i.e. proviso added to
clause (b) of section 1A
provides for exemption to
such revenue forestlands,
which have been put to non-
forestry use by an order of the
competent authority of the
State following due process
before 12.12.1996 including
cases of pre 25.10.1980
period.
All other cases belonging to
post 12.12.1996 period will be
regulated as per the existing
process, including payment of
NPV and CA.
As the provisions will be
applicable to the cases
belonging to pre 12.12.1996
period, therefore, order of
Hon’ble Supreme Court will
not be violated.
Explanation given under
purposes of this sub- is decided broadly on the basis of .inserted as a new section in the Bill If section 1A includes the word
section, the expression directions contained in the inthis para Gram Panchayat is added ‘Local Body’ which includes
‘Government record’ Hon’ble Supreme Court order after local body, then the explanation Gram Panchayat also.
means record held by dated 12.12.1996. There is no will be more meaningful and will lead The provisions of clause (b) of
Revenue Department or clear definition of ‘Government to increased p ublic participationto subsection (2) of section 4 of
Forest Department of the Record’ for the purpose of enhance .plantation and forests the proposed Bill encourage to
State Government or implementation of the provisions raise afforestation in private
Union territory of the Act on the lands recorded lands, thereby facilitating the
Administration, or any as forests in various records. peoples participation in
authority, local body, Therefore, to bring more clarity increasing the green cover of
community or council and objectivity in the the country and to combat the
recognised by the State applicability of the Act in various global issues such as carbon
Government or Union revenue lands, the terms neutrality, enhancing the
territory Administration. Government Record has been carbon sink, better forest
defined in the Forest management, etc.
(Conservation) Amendment Bill, Explanation provided under
2023 section 5 of the Bill promotes
people participation in the
process of forest conservation
besides providing them
livelihood opportunities by
way of eco-tourism and setting
of zoos and safaris

(2) The following - - -

categories of land shall
not be covered under
the provisions of this
Act, namely:––

(a) such forest land Strategic and security related Exemption of 0.1 should be Exemption, proposed in the
situated alongside a rail projects of national importance increased to 1.0 ha for the States Bill, has been decided by the
line or a public road need to be fast-tracked to ensure like Arunachal Pradesh Central Government, as

10
maintained by development of vital security
government, which infrastructures, especially along
provides access to a the international border areas
habitation, or to a rail, such as Line of Actual Control
and roadside amenity (LAC), Line of Control (LoC), as
up to a maximum size also in the notified LWE areas.
of 0.10 hectare in each Similarly, small establishments,
case; habitations on the side of
roads/railways also need to be
facilitated by providing them
access and connectivity to main
arterial roads and other public
utilities.
A declining tendency of
undertaking plantations in non-
forest lands has been observed
owing to the apprehension
among individuals,
organisations and authorities
regarding such plantations
being considered forests due to
the various interpretations
regarding applicability of the
Act, and this misapprehension is
becoming a hindrance in
enhancing green cover to fulfil
the Nationally Determined
Contribution targets of creating
additional carbon sink of 2.5 to
3.0 billion tons of CO 2
equivalent.
11
appropriate, after carrying out
the consultation process with
the Ministries, States and
public.
Exemption of 0.1 ha is unjustified
and would create long term Exemption of 0.10 ha of forest
challenges in habitat connectivity land, considered under section
and wild animal 1A(2)(a), will provide
dispersal/migration, and, therefore, connectivity to road side
should be deleted from said Bill. habitations and establishment
to ensure their connectivity
with the mainstream of
development.
The terms habitations, road and
railways and exemptions of 0.10 is
vague for want of definition. The terms and conditions,
including defining amenities,
strategic roads, public
utilities, etc. will be
undertaken subsequently, by
the Central Government in
Exemption of 0.10 needs more accordance with the
clarity to exclude the forest areas provisions of section 1A(3) of
which are not strip plantation. the Bill.
Clarification in this regard, if
any needed in future, will be
The Bill doesn’t explain the issued by the Central
exemption for habitation access Government by invoking the
from road/rail amenities. provisions provided under
section 6 of the Bill.
The provisions of the relevant
 section i.e. 1A(2)(a) clearly
explain the purpose of
exemption of 0.1 ha stating
that ‘such forest land situated
alongside a rail line or a
public road maintained by
government, which provides
access to a habitation, or to
such rail, and roadside
amenity up to a maximum
size of 0.10 hectare in each
case’.
Moreover, the said provisions
has also been explained in the
Statement of the objects
stating that Bill envisages to
exempt certain categories of
land to provide access to small
establishment,habitations on
the sides of the roads and
railways.

(b) such tree, tree -do- Exclusion of tree plantations is Provisions has been proposed
plantation or unreasonable. to eliminate the ambiguities in
reafforestation raised the applicability of the Act in
on lands that are not non-forest lands and to
specified in clause (a) or promote people’s participation
clause (b) of sub-section in increasing the forest cover
(1); and of the country and in the
process of forest conservation
and management.
Exempting plantation on non-forest
land will open up the excluded Lands used for compensatory
forest lands as compensatory afforestation are invariably

12
 afforestation. notified as forests under the
Indian Forest Act or local Act.
Therefore, provisions of the
Act will be applicable on such
Amendment proposed is against the lands.
National Forest Policy, 1988
Provisions of the Bill supports
the objectives of the National
Forest Policy, 1988. It
promotes afforestation on
non-forest land by bringing
clarity on the non-
applicability of the Act on
such lands.

(c) such forest land, – -do Instead of giving arbitrary extent of Extent of 100 km has been
– 100 km an alternate arrangement decided in consultation with
(i) as is situated within such ‘Security Sensitive Zone’ may the Ministry of Defence and is
a distance of be adopted which may be notified considered optimum to meet
onehundred from time to time. the requirement of various
kilometres along Limit of 100 km may be increase to defence organization to meet
international 150 km for the States like their strategic requirements.
bordersor Line of Arunachal Pradesh.
Control or Line of
Actual Control, as the Exemption from Central
case may be, proposed Government approval for defence
to be used for projects with the goal of fast- Exemption have been
construction of tracking projects, may not be consideredpurely in the public
strategic linear sufficient to do so given that delays and national security interests
project of national in obtaining forest clearances of the country.The proposed
importance and largely take place at the state level. exemption along the
concerning Also, the 100 km distance from international borders and in
national security; international borders within which LWE District are not generic
or this exemption applies would cover exemptions i.e. proposed

13
 most of the north eastern states, six exemption are only for specific
(ii) up to ten hectares, of which have forest cover of over projects of strategic
proposed to be used for 70%. importance concerning to
construction of security national security to be
related infrastructure; identified by the Central
or Government. Said exemptions
will not be available for
(iii) as is proposed to be private entities. Moreover,
used for construction of even after the diversion of
defence related project forest land, the legal status of
or a camp for forestland remains
paramilitary forces or unchanged, therefore, there
public utility projects, will be no reduction in the
as may be specified by forest area.
the Central Moreover, said dispensation
Government, the extent will be subject to such terms
of which does not With regards to exemptions and conditions, including
exceed five hectares considered for security related payment of compensatory
in a Left Wing projects There is no data to levies and compensation of
Extremism affected substantiate the fact that forest trees, which will be a binding
area as may be notified clearance has stalled national - on the States to ensure their
by the Central importance projects within the compliance while considering
Government. forest area. In such a scenario the such projects under
proposed amendment is irrational exemption.
and arbitrary.
Defence projects which are to
be completed in a time bound
manner, often gets delayed
Exemption relating to defence due to length procedures and
projects in border areas and documentations involved in
security related infrastructure the process of approval.
should be deleted. Exemptions
considered under the Act will
destroy various wildlife areas,

14
 forests, mountains and other
ecosystems creating loss of habitats
and species alongside rails and
roads. Enabling provisions have been
provided under section 1A(3)
of the Bill to prescribe terms
and condition while
considering exemption. The
Central Government shall
ensure that relaxation
considered under the Act is
implemented by taking into
account all environmental
safeguards. Various aspects
like impact assessments,
mitigation measures, safe
passages for wildlife,
implementation of site-
Terms amenities, alongside, specific plans, wherever
habitation, etc have not been required, monitoring
defined. mechanism are implemented
by the concerned agencies in
consultation with the State
Government. While
considering such exemptions,
Exemptions considered under the such safeguards should always
Bill should not be blanket be included in the terms and
exemptions and should be conditions to be prescribed by
considered with the approval of the Central Government .
officers to be authorized by the
State in this regard. The terms appeared in the
section will be
clarified/defined by the
Central Government, if so

15
 needed, in future invoking the
provisions of the section 1A(3)
and Section 6 of the Bill.

Exemption considered under

Exemptions from the requirement
of forest clearance would mean that
there will be no impact assessment
or any kind of regulatory oversight
on the loss of habitats and species.
Exemption of 10 ha and 5 ha may
be misused.
the Bill are not blanket
exemptions. Such projects will
be exempted from the prior
approval under the Act while
the processes are to be carried
out at the State level.
Moreover, said dispensation
will be subject to such terms
and conditions, including
payment of compensatory
levies and compensation of
trees, which will be a binding
on the States to ensure their
compliance while considering
such projects under
exemption.

To mitigate the impact of

construction activities for
roads/railways, besides
greening the area, it is
necessary to undertake other
measures as well such for the
conservation, protections and
Public utility of very wide term stabilization of local
which will virtually allow topographical regimes besides
construction of any project on the the flora and fauna. Existing
forest land mitigation measures will be
continued to be complied

16
 during the construction
activities.

Enabling provisions have been

provided in sub section (3) of
the Section 1A of the proposed
Bill which provides that such
dispensation will be subject to
such terms and conditions,
including the compensating
the loss of trees, as the Central
Government may be specify.
Said provisions will also be
invoked to prevent misuse of
exemptions.

Public utilities have already

ben specified by the Ministry
in the guidelines. Only
specified category of projects
to be implemented by the
Government Department will
be allowed under the
proposed exemptions.
(3) The exemption Enabling provisions have been The inclusion of “subject to such Enabling provisions have been
provided under sub- provided under section 1A(3) of terms and conditions….." will lead provided under section 1A(3)
section (2) shall be the Bill to prescribe terms and to the Central Government being of the Bill to prescribe terms
subject to such terms condition while considering able to exempt any activity from the and condition while
and conditions, exemption. The Central category of non-forest activity. considering exemption. The
including the conditions Government shall ensure that Central Government shall
of planting trees to relaxation considered under the ensure that relaxation
compensate felling of Act is implemented by taking considered under the Act is
trees undertaken on the into account all environmental implemented by taking into
lands, as the Central safeguards. Various aspects like account all environmental

17
Government may, by impact assessments, mitigation safeguards. Various aspects
guidelines, specify.”. measures, safe passages for like impact assessments,
wildlife, implementation of site- mitigation measures, safe
specific plans, wherever passages for wildlife,
required, monitoring mechanism implementation of site-
are implemented by the specific plans, wherever
concerned agencies in required, monitoring
consultation with the State mechanism are implemented
Government. While considering by the concerned agencies in
such exemptions, such consultation with the State
safeguards should always be Government. While
included in the terms and considering such exemptions,
conditions to be prescribed by such safeguards should always
the Central Government be included in the terms and
The State/UTs Government may conditions to be prescribed by
also be consulted while finalizing the Central Government .
the terms and conditions for the
exemptions
Views of the States/UTs are
generally obtained by the
Ministry before issuing any
guidelines. In the extant case
also terms and conditions will
be finalized in consultation
with the States/UTs.

18
5 2. Restriction on Amendment of section - - -
the de- 2.
reservation of In the principal Act,
forests or use of section 2 shall be
forest land for renumbered as sub-
non-forest section (1) thereof and–
purpose –
Notwithstanding
anything contained (a) in sub-section (1) as so
in any other law for renumbered,––
the time being in
force in a State, no
State Government
or other authority
shall make, except
with the prior
approval of the
Central
Government, any
order directing -
(i) that any No amendment proposed - - -
reserved forest
(within the
meaning of the
expression
"reserved forest" in
any law for the
time being in force
in that State) or
any portion

19
 thereof, shall cease
to be reserved;
(ii) that any forest No amendment proposed - - -
land or any portion
thereof may be
used for any non-
forest purpose;
5(I) (iii) that any forest (I) in clause (iii), for the In 1988, the clause (iii) of section Amendment of section 2(iii) gives Power proposed to be
land or any portion words “not owned, 2 was inserted to regulate the the wide powers to the Central conferred to the Central
thereof may be managed or controlled assignment of forest land on Government to specify terms and Government under the said
assigned by way of by Government”, the lease to private entities for conditions. section are not general powers
lease or otherwise words, “subject to such raising commercial plantations. but specific powers to
to any private terms and conditions, However, in recent times, the prescribe terms and
person or to any as the Central provisions of this section are conditions that too for the
authority, Government may, by being invoked by the States and limited purpose of assignment
corporation, order, specify” shall be user agencies for assignment of of forest land on lease only
agency or any other substituted; forest land on lease for mining and not for diversion of forest
organisation not and other purposes, before Sub-clause (1) (iii) the substitution land.
owned, managed or completing due process for of the words ‘not owned, managed
controlled by leasing of land. or controlled by Government’ by
Government; In their existing expression, the ‘subject to such terms and Moreover, provisions propose
provisions of sub-section cannot conditions, as the Central to bring uniformity by
be applied to entities owned and Government may, by order, specify’ including the government
managed by Government vastly enhances the powers of the entities within the ambit of
including for mining resulting in Central Government to decide the Act for the purpose of
lack of uniformity, and therefore which lands can be diverted or assignment of forest land on
to bring uniformity in the given on lease. Thus, the lease to them which
provisions, amendment has been conservation concerns of state hithertofore could have been
proposed in the subsection. governments or forest officials or done without the prior
Moreover, such leases may be local communities who manage approval of the Central
assigned as per the terms and such lands will be rendered Government.
conditions laid down by the irrelevant in making such a
Central Government. decision.

20
 Forests should not be leased to any
private person or any other agency
(government, non-government or
private) to maintain the sanctity of
forests.
Provisions were introduced in
1988 and the same are now
Provisions of FRA, 2006 should not being extended to the
be compromised Government companies as
well to bring them under
regulation.

As the provisions of the

section does not entail
diversion of forest land, the
provisions of Forest Rights
Act, 2006 will not be
contradicted. However, the
authorities in the State/UT
concerned will ensure
compliance of FRA, 2006
before the assignment of
forest land on lease.
(iv) that any forest No amendment proposed - - -
land or any portion
thereof may be
cleared of trees
which have grown
naturally in that
land or portion, for
the purpose of
using it for

21
reafforestation.
Explanation - For (II) in the Explanation, for To carry out various forestry Silvicultural activities are proposed Silvicultural operations are
the purpose of this the long line occurring management activities and to be considered as forest related integral part of forest
section, "non-forest after clause (b), the respond to quick natural hazards activities, however the same management and are carried
purpose" means following shall be in the forests, basic involves felling of trees for out to maintain the health,
the breaking up or substituted:–– infrastructural facilities are commercial purpose. productivity and flow of
clearing of any required to be maintained in the ecosystem goods and services
forest land or “but does not include any forest land. For want of enabling Provisions of eco-tourism, zoo and from forests.
portion thereof for- work relating to or provisions in the Act, it is safaris will allow the private sector
a. the cultivation of ancillary to difficult to create such basic to take control of forests? Activities like establishment of
tea, coffee, conservation, infrastructure in the forest area Bill must remove from its fold Zoo and Safaris, etc. will be
spices, rubber, development and thereby impacting the forestry increasing swathes of forest under owned by Government and
palms, oil- management of forests operations, regeneration the exclusionary protected area will be set up as per the Plan
bearing plants, and wildlife, such as–– activities, monitoring and regimes – the national parks, approved by the Central Zoo
horticultural supervision, prevention of forest wildlife sanctuaries and tiger Authority. Therefore, it does
crops or (i) silvicultural operations fires, etc. Moreover, proper reserves – and must resist drooling not promote
medicinal including regeneration protection and conservation of over the mounting disposable commercialization of the
plants; operations; forests by local communities income of small global leisured forests.
b. any purpose require availability of livelihood class through ecotourism, even if it Similarly, ecotourism, as per
other than (ii) establishment of check- opportunities which can be be by importing wildlife from the approved Working Plan or
reafforestation; posts and effectively enabled through African wild for their viewing Wildlife Management Plan or
but does not infrastructure for the promotion of eco-tourism, zoos pleasure. Tiger Conservation Plan will
include any work front line forest staff; and safaris. Therefore, the term be taken up in the forest areas.
relating or ‘Explanation’ has been made Eco-tourism and construction of These facilities are generally
ancillary to (iii) establishment and elaborate to include activities zoos and safaris in the forest may created in the proximity of
conservation, maintenance of fire which are taken up for the cause be misused and may promote habitation to ensure
development and lines; of conservation of forest and wild commercialization of forests, minimum disturbances to the
management of life besides ensuring community thereby helping the private entities forest ecosystem Such
forests and (iv) wireless participation. to take control of forests. facilities, besides sensitizing
wildlife, namely, communications; and generating awareness
the about the importance of
establishment of (v) construction of fencing, protection and conservation of
check-posts, fire boundary marks or forest land and wildlife, will
lines, wireless pillars, bridges and also add to the livelihood

22
communications culverts, check dams, sources of local communities
and construction waterholes, trenches and thereby providing them
of fencing, and pipelines; opportunities to connect with
bridges and the mainstream of
culverts, dams, (vi) establishment of zoo development. Guidelines, in
waterholes, and safaris referred to this regard, are already in
trench marks, in the Wild Life place.
boundary marks, (Protection) Act, 1972, Enabling provisions provided
pipelines or other owned by the under section 6 of the Bill, will
like purposes. Government or any be used by the Central
Authority, in forest Government to ensure the
areas other than The clause (vii) mentioning ‘…any legitimate use of the
Protected Areas; other like purpose..’ should not be dispensations proposed in the
included since it will promote Bill.
(vii) eco-tourism facilities excessive delegation of powers to The Forest (Conservation)
included in the Forest Government. Act, 1980 as well as the
Working Plan or Amendment Bill do not
Wildlife Management Regeneration and cultivation of contravene any of the
Plan or Tiger medicinal plants may also be provisions of the Wild Life
Conservation Plan or included in the array of forestry (Protection) Act, 1972
Working Scheme of activities
that area; and
(viii) any other like Provisions already exist in the
purposes, which the Principal Act.
Central Government
may, by order,
specify.”;
Provisions of regeneration
activities have already been
included at clause (i) of the
Explanation given under
section 2 of the Act.
As per the provisions
contained in the Principal Act

23

In the Bill, it has been proposed
that eco-tourism facilities included
in the Forest Working Plan or
Wildlife Management Plan or Tiger
Conservation Plan or Working
Scheme of that area shall not be
construed as non-forestry purpose.
It is suggested that the "Eco-
tourism" may be defined in the Act
for better clarity and transparency.
the cultivation of tea, coffee,
spices, rubber, palms, oil-
bearing plants, horticultural
crops or medicinal plants has
been categorised as non-
forestry activities. Cultivation
of medicinal plants is a
commercial and non-site
specific activity which is not
permissible in the forest land.
Moreover, such activities are
not in consonance with the
provisions of the National
Forest Policy, 1988 which
discourages use of forest land
for cultivation.

Guidelines in this regard are

already in place. However, in
case the need arises in future,
further clarification will be
issued by the Central
Government as per the
provisions provided under
section 6 of the Bill.

Not applicable (b) after sub-section (1) asTemporary survey activities in Exemption of survey and Survey activities such as
(Provisions do not so renumbered, the forest area such asinvestigation, exploration is a dangerous insertion investigation, reconnaissance,
exist in the following sub-sections reconnaissance etc. causes no which will open fast track of forests etc., in forest area are
Principal Act) shall be inserted,permanent change in the forest and destroys the wildlife. temporary in nature and
namely:–– land use i.e. there is no result in no perceptible
perceptible change in the forest change in the forest vegetation
“(2) The Central vegetation or in breaking of or in breaking of land. The

24
 Government may, by land. These investigations, Central Government will
order, specify the terms reconnaissance of exploratory prescribe certain terms and
and conditions subject surveys, etc. are an effective tool conditions to be abided by the
to which any survey, to determine the availability of States and the concerned user
such as, minerals without impacting the agencies that are undertaking
reconnaissance, forest land. It is therefore, surveys in the forest lands.
prospecting, proposed not to treat surveys, Provisions of the Bill will not
investigation or etc. as a non-forest activity be applicable in the Protected
exploration including subject to certain terms and The Bill keeps a window open for Areas of the Wild Life
seismic survey, shall conditions which the Central future dilution by saying that the (Protection) Act, 1972.
not be treated as non- Government will specify. Central Government can bring in
forest purpose.”. terms and conditions subject to Provisions provided under
which surveys and investigation section 5(b) of the Bill are
will not be considered non-forest specific to survey and
purpose. exploration in the forest areas
and enables the Central
Government to prescribe
certain terms and conditions
Consultation with the concerned to be abided by the States and
Ministry such as Ministry of Mines the concerned user agencies
should be made while finalizing the that are undertaking surveys
terms and conditions of allowing in the forest lands.
the survey and prospecting in the
forest areas. Views of the concerned
Ministry, as and when
required, are generally
obtained by the Ministry
before issuing any guidelines.
In the extant case also terms
and conditions will be
finalized in consultation with
the concerned
Ministry/organisations.
6 Not applicable Insertion of new section - - -

25
(Provisions do not 3C:- Power of Central
exist in the Government to issue
Principal Act) directions.

In the principal Act, after

section 3B, the following
section shall be inserted,
namely:––

“3C. The Central Currently, no enabling Provisions of section 3C gives Provisions of the said section
Government may, from provisions have been provided in unfettered power to interfere withwill be invoked, whenever
time to time, issue such the Act and rules made any state government or authority’s
needed, to clarify the various
directions, to any authority thereunder enabling the Central decision under the FCA. issues related to the
under the Central Government to issue implementation of the
Government, State clarifications or directions on the provisions of the Act and to
Government or Union provisions of the Act. Bill also ensure that no misuse of
territory Administration or proposes to broaden the Section 3 C may abrogate the forest land takes place.
to any organization, entity horizons of the Act to combat the primacy of the State Government.
or body recognized by the global issues such as climate No such authority should be given Provisions of the section are
Central Government, State change and carbon neutrality to the Central Government. not abrogating the powers of
Government or Union which will require road map for the State Government.
territory Administration, augmenting the forest Provisions have been
as may be necessary for the management practices. proposed to issue guidelines
implementation of this Therefore, it has been proposed and clarification from time to
Act.”. to provide the enabling time which may be needed by
provisions in the Act the various functionaries in
empowering the Central view of the dynamic changes
Government to issue directions, in the policies not only at
as may be required for the national but at international
implementation of the provisions level also.
of the Act.

Other Comments Comments in respect Provisions of the Bill violates the Provisions of the Bill do not
of violation of Other provisions of the Forest Rights Act, infringe or abrogate the

26
Acts 2006, PESA Act, 1996, LARR Act, provisions of the Forest Rights
2013 Act, 2006, PESA or LARR Act,
2006. The processes
envisaged in these laws,
including the consent of the
ST and OTFD under the
Forest Rights Act, 2006 is not
impeded in any way by the
proposed amendment.

FCA Amendment Bill largely focus Provisions of the Bill primarily

and facilitate commercial and clarifies the applicability of
corporate control over the natural the Act in various lands. No
resources. The Bill completely provisions has been provided
sidelined the adivasis communities.in the Bill facilitating the
The Bill does not protect the rights
corporate houses to take
of the Scheduled Tribes and other control of forest land.
traditional forest dwellers. Besides this, provisions of sub
clause (II) of clause (a) of
section 5 of the Bill also
encourage the people
participation in the process of
conservation by providing
them enabling provisions for
their livelihood.
No public consultation was made. Press release and inviting
Press communique issued on 3rd comments from the public in
May 2023 giving the public 15 days Hindi and English is a
to give views/suggestions is standard practice followed by
woefully inadequate the Lok Sabha Secretariat.
Moreover, as per the
provisions of the Pre-
Legislative Consultation
Policy of the Government of

27

Miscellaneous Comments
India, the public consultation
was made by the Ministry and
a concept paper indicating the
amendments proposed in the
Act was circulated in the
vernacular languages and
based on the comments
received from the Public,
including in vernacular
languages, the Forest
(Conservation) Amendment
Bill, 2023 has been finalized
by the MoEF&CC.
The Executive has de facto been Power conferred under section
given Legislative powers 1A(3) of the Bill is to prescribe
terms and condition while
considering exemptions. The
Central Government shall
ensure that relaxation
considered under the Act is
implemented by taking into
account all environmental
safeguards. Various aspects
like impact assessments,
mitigation measures, safe
passages for wildlife,
implementation of site-
specific plans, wherever
required, monitoring
mechanism are implemented
by the concerned agencies in
consultation with the State
Government. While
considering such exemptions,

28
 such safeguards should always
be included in the terms and
conditions to be prescribed by
the Central Government.

Provisions proposed under

section 2 (iii) are not general
powers but specific powers to
prescribe terms and
conditions that too for the
limited purpose of assignment
of forest land on lease only
and not for diversion of forest
land. These provisions will not
be applicable in the Protected
Areas of the Wild Life
(Protection) Act, 1972.

Provisions given under clause

(viii) of the Explanation
“….any other like purpose..’
already exists in the Principal
Act.

Provisions provided under

section 5(2) of the Bill are
specific to survey and
exploration in the forest areas
and enables the Central
Government to prescribe
certain terms and conditions
to be abided by the States and
the concerned user agencies
that are undertaking surveys

29
 in the forest lands.

Provisions provided under

section 6 of the Bill will be
used by the Central
Government to ensure the
legitimate use of the
dispensations proposed in the
Bill.

Provisions of the Bill are derogatory

By the 42nd Amendment
to the various Article of the Act 1976 of the Constitution
Constitution of India. "Forests" was added as Entry
17A in the Concurrent List.
Therefore, proposed
amendment is within the
ambit of the powers conferred
to the Central Government.
Provisions of the Bill are
largely in addition to the
existing provisions of the
Principal Act. Therefore, the
proposed provisions of the Bill
do not contradict the
provisions of the Indian
Constitution.
Exclusion of "Waste lands" from the Waste lands have been
purview of Forest (Conservation) declared as Protected Forests
Act, 1980 in the State of Himachal or Undemarcated Protected
Pradesh. Forests in Himachal Pradesh.
Such lands plays an important
role in the protection and
conservation of local
ecological regimes. Given the

30
 directions of Hon’ble Supreme
Court, it may not be prudent
to exclude such lands from the
purview of the Forest
(Conservation) Act, 1980.
Exemption of permission from The provisions pertaining to
NBWL in respect of the PA area and obtaining permission from the
WL sanctuaries which are on the Standing Committee of the
private land. National Board for Wildlife
(NBWL) pertains to the Wild
Life (Protection) Act, 1972 and
will be taken up separately.

*****

31