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7380 GI/202 3 (1)
EXTRAORDINARY
PART II —Section 3 —Sub-section ( ii)
PUBLISHED BY AUTHORITY
No. 4862] NEW DELHI, WEDNES DAY , NOVEMBER 29, 2023/ AGRAHAYANA 8, 1945
CG-DL-E-30112023-250312
MINISTRY OF ENVIRONMENT, FOREST AND CLIMATE CHANGE
NOTIFICATION
New Delhi, the 29th November, 2023
S.O. 5074 (E).—In exercise of the pow ers conferred by sub -section (3) of section 1A read with section 3 (C) of
the Van (Sankashan Evam Samvardhan) Adhiniyam, 1980 (69 of 1980) (hereinafter referred to as Adhiniyam), the
Central Government hereby notifies the guidelines specifying the terms an d conditions to be abided by the State
Government or Union territory, while considering exemptions provided under sub -section (2) of section 1A of the said
Adhiniyam, namely: -
1. Exemption for strategic linear projects of national importance and concerning na tional security that are located
within hundred kilometres of aerial distance from the international borders, Line of Control or Line of Actual
Control shall be considered only for such projects which have been notified as strategic and concerning national
security by the Central Government in consultation with the respective State Governments or the Union territory
Administration.
2. Exemptions for security related and public utility infrastructure shall be considered exclusively for Left Wing
Extremism affe cted Districts, as notified by the Central Government. Such districts that were earlier notified as
Left Wing Extremism Districts but subsequently, their Left Wing Extremism District status, on or before the
date of handing over the forest land to the user agency, has been withdrawn, shall not be eligible for the
exemption.
3. For the purpose of subclause (iii) of clause (c) of sub -section (2) of section 1A of the Adhiniyam, the following
twelve categories of public infrastructure works in the Left Wing Extr emism (LWE) affected districts, as
notified by the Central Government, in the forest areas, shall be considered as public utility projects, namely: -
(i) Schools or educational institutes including technical education;
(ii) Dispensaries or hospitals;
(iii) Electrical and telecommunication lines including underground optical fibres cables;
(iv) Drinking water including underground drinking water supply lines;
(v) Water or rain water harvesting structures;
(vi) Minor irrigation canal;
(vii) Non-conventional sources of energy;
(viii) Skill up gradation or vocational training center;
(ix) Power sub -stations;
(x) Public roads;
(xi) Communication posts including mobile towers; and
(xii) Police establishments like Police Stations or outposts or border outposts or watch towers in sensitive
area.
4. The State Gov ernment and Union territory Administration shall use the existing Forms for submission of
proposals, and such proposals shall be processed for approval on the PARIVESH Portal in the light of categories
given under sub -section (2) of section 1A of the Adhin iyam.
5. The projects pertaining to the security related infrastructure and public utility shall be submitted in their entirety.
Authorities in the State and Union territory Administration shall ensure strict compliance in this regard.
6. The exemptions consid ered under the Adhiniyam only indicates the upper limit of the forest area, therefore, user
agencies, State Governments and Union territory Administration shall ensure that only legitimate non -forestry
use, involving minimum forest land, is allowed while c onsidering such exemptions.
7. Proposals, located in the forest lands protected under the provisions of the Wild Life (Protection) Act, 1972
(53 of 1972), shall be considered by the authorities in the State Government or Union territory Administrations
only after obtaining the approval of the Standing Committee of the National Board for Wildlife or as per the
guidelines issued by the Central Government in this regard.
8. The State Government or Union territory Administration, as the case may be, may authorise an officer not below
the rank of the Deputy Conservator of Forests to receive and accept the proposals and process them through the
Nodal Officer, dealing with the matters related to land transfer under the Adhiniyam for obtaining the approval
of the Compe tent Authority in the State Government or the Union territory Administration and accordingly
grant ‘In -principle’ approval.
9. The State Government or the Union territory Administration may authorise an officer of the level of Deputy
Conservator of Forests or above to grant permissions in respect of proposals proposed for providing connectivity
to the road and rail side amenities and habitations involving upto 0.1 ha of forest land.
10. The State Governments or the Union territories Administrations, after receipt of such proposals from the user
agency under sub -section (2) of section 1A of the Adhiniyam, shall examine such proposals giving due regard,
but not limited to, the following, namely: -
(i) the proposed use of the forest land is not for any non -site specific p urpose such as agricultural purpose,
office or residential purpose or for the rehabilitation of persons displaced for any reason;
(ii) the user agency has considered all alternatives and that no other alternative in the circumstances is feasible
and that the re quired area is the minimum needed;
(iii) the concerned authorities in the State Government or the Union territory Administration before making the
recommendation, have considered all issues having direct bearing or indirect impact of the diversion of
forest lan d on the forest, wildlife and environment;
(iv) adequate justification has been given and appropriate mitigation measures have been proposed by the user
agency to mitigate the impact of the project on the surrounding forests, soil and moisture conservation
regimes, catchment area, etc.
(v) in case proposed area is located in the Protected Areas, tiger or wildlife corridors or habitat of any
endangered or threatened species of flora and fauna, as may be applicable, whether appropriate mitigation
measures have been proposed by the user agency; and
(vi) the user agency, undertakes to provide the land and cost of compensatory afforestation and Net Present
Value, as applicable; and
(vii) concerned mandates under the National Forest Policy.
11. To compensate the loss of trees, the Stat e Government or the Union territory Administration shall raise
compensatory afforestation and realise Net Present Value of the forest land, being diverted, from the user
agency, in accordance with the relevant rules and guideline issued by the Central Gove rnment in this regard
from time to time for diversion of forest land.
12. The State Government, if so desire, after granting ‘In -principle’ approval to the proposal and deposition of
compensatory levies such as compensatory afforestation and Net Present Value and cost of mitigation plans
such as of the Wildlife Management Plan and Soil and Moisture Conservation Plan, as applicable, notification
of the land identified for raising compensatory afforestation as Protected Forest under Indian Forest Act, 1927
(16 o f 1927) or local forest Act and compliance of other statutes including the Schedule Tribe and Other
Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 (2 of 2007), may grant 'working
permission' for the commencement of project work before grant of ‘Final’ approval as specified by the Central
Government in the relevant rule and guidelines in respect of such 'working permission.
13. The compensatory levies such as cost of raising compensatory afforestation, Net Present Value and cost of
mitigati on plans, if any prescribed, shall be realised from the user agency and the same shall be deposited into
the account of the State Compensatory Afforestation Fund Management and Planning Authority of the
concerned State or Union territory, managed by the Na tional Compensatory Afforestation Fund Management
and Planning Authority.
14. The land identified and earmarked for compensatory afforestation shall be treated and afforested by the State
Government or Union territory Administration or user agency as per the Compensatory Afforestation plan
approved as part of the said forest diversion proposal and the work of Compensatory Afforestation and other
mitigation plans, as applicable, shall start within two year of issue of order of diversion order of the
correspondi ng forest land.
15. The State Government or the Union territory Administration shall grant approval in two stages viz. ‘In -
principle’ approval and ‘Final’ approval. After receipt of satisfactory compliance of conditions stipulated in the
‘in-principle’ approv al from the user agency, the ‘Final’ approval will be granted by the State Government or
the Union territory Administration.
16. The authorities concerned in the State Governments and Union territory Administration shall ensure that only
legitimate condition s, purely in the interests of conservation and protection of forest, such as raising of
compensatory afforestation, payment of compensatory levies, mitigation measures, as applicable, are stipulated
in the approvals.
17. Strategic, security and public utility projects, covered under sub -section (2) of section 1A of the Adhiniyam, but
involving violation of the Adhiniyam shall be dealt with in the following manner, namely: -
(i) Proposals, involving violations of the Adhiniyam will not be covered under the provisions of
sub- section (2) of section 1A of the Adhiniyam:
Provided that proposals, where approval under sub -section (2) of section 1A is under consideration
of the State Government or Union territory Administration and violation is committed by the user
agency by commencing the project work, such proposals will be subjected to the penal provisions by
the State or Union territory Administration, as per the relevant guidelines issued by the Ministry in this
regard;
(ii) Proposals, pertaining to such project(s) where work has been commenced without the prior approval of
the State or Union territory Administration, will be submitted for ex -post facto approval of the Central
Government under the Adhiniyam, ; and
(iii) Regional Office or their Sub -Offices, State Governments or the Union territory Administrations, under
whose jurisdiction the proposal involving violation of the Adhiniyam falls, shall take legal action
against the offenders in accordance with the provisions of Section 3A and 3B of the Adhiniyam and
relevant guidel ines issued by the Central Government in this regard;
18. The proposals on forest land under litigation or sub-judice on account of an issue pertaining to the Indian Forest
Act, 1927 (16 of 1927), Local Forest Act or said Adhiniyam will be dealt as per the o rders of the courts or
tribunals passed in such cases and the date of applicability of the Adhiniyam in such lands shall be in
accordance with the direction, if so passed by the Courts/Tribunals;
19. The State Government shall ensure that detail of approval gr anted under the provisions of sub -section (2) of
section 1A of the Adhiniyam, is updated in the ‘Land Schedule’ given in the Working Plan of the Division.
20. The legal status of the forest land so diverted shall remain unchanged.
21. Barring defence or strategic projects, the detail of proceedings of the various authorities such as minutes of the
meetings, copies of approvals granted, monitoring reports submitted by the user agency, pertaining to public
utility and other projects covered under sub -section (2) of section 1A of the Adhiniyam, shall be uploaded on the
PARIVESH portal by the concerned State Governments or the Union territories Administrations.
22. The State Government or Union territory Administration and the user agency shall monitor, at least once ever y
year, the compliance of conditions imposed while allowing the non -forestry use of forest land and a copy of
such monitoring report shall be uploaded on PARIVESH for future references. Non -compliances, if any,
observed during such monitoring, should be br ought to the notice of the concerned authorities for undertaking
remedial measures as per the relevant guidelines issued by the Central Government in this regard.
23. The user agency shall commence the work within a period of two years. In case, no commenceme nt or
completion of project work is undertaken by the user agency within a period of two years, the approval granted
by the State Government or Union territory Administration shall stand rejected and the possession of the forest
land will be taken over by the local Forest Department. However, the State Governments or the Union territory
Administrations, subject to submission of valid and cogent reasons for delay in commencement or completion of
the project beyond two years by the user agency, can extend the period by another year.
24. The State Government and Union territory Administration shall ensure that the user agency shall obtain
environment clearance under the provisions of the Environment Impact Assessment Notification, 2006, as
applicable, and requisit e mitigation measure as suggested in the Environment Management Plan shall be
implemented by the user agency in all cases.
25. The State Government or Union territory Administration shall provide a copy of the approvals given under
sub-section (2) of section 1A of the Adhiniyam and shall also furnish, the details of proposals and such orders,
as and when sought by the Central Government for information, record and monitoring.
26. The Regional Office of the Ministry, based on the available information provided by t he State Government or
Union territory Administration or as available on PARIVESH, can carry out monitoring of such proposals or
works for compliance of relevant provisions of the Adhiniayam and action thereunder.
27. The State Government or Union territory Ad ministration prior to handing over the forest land to the user
agency, shall ensure fulfilment and compliance of the provisions of all other Acts and rules made thereunder, as
applicable, including ensuring settlement of rights under the Scheduled Tribes a nd Other Traditional Forest
Dwellers (Recognition of Forest Rights) Act, 2006 (No. 2 of 2007); and
28. The Central Government, under section 3(C) of the Adhiniyam may further clarify or issue directions to the
State Government or Union territory Administration or to any organisation as may be necessary with respect to
guidelines for the implementation of the Adhiniyam.
[F. No. FC -11/61/2021 -FC]
RAMESH KUMAR PANDEY, Inspector General of Forests
Uploaded by Dte. of P rinting at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064
and Published by the Controller of Publications, Delhi -110054.
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