Terms and conditions for the assignment of forest land on lease.

7382 GI/202 3 (1) EXTRAORDINARY PART II —Section 3 —Sub-section ( ii) PUBLISHED BY AUTHORITY No. 4864] NEW DELHI, WEDNES DAY , NOVEMBER 29, 2023/ AGRAHAYANA 8, 1945 CG-DL-E-30112023-250314 MINISTRY OF ENVIRONMENT, FORES T AND CLIMATE CHANGE NOTIFICATION New Delhi, the 29th November, 2023 S.O. 5076 (E).—In exercise of the powers conferred by clause (iii) of sub -section (1) of section 2 read with section 3C of the Van (Sanrakshan Evam Samvardhan), Adhiniyam, 1980 (69 of 1980 ) (hereinafter referred to as the said Adhiniyam), the Central Government hereby issues an order specifying the terms and conditions, to be abided by the State Government or Union territory Administration while considering the proposals pertaining to assig nment of forest land on lease to Government as well as the private entities under the aforementioned provisions of the said Adhiniyam, namely: - 1. The user agency shall make an online application in the prescribed Form on PARIVESH portal for the prior approva l of the Central Government under the said Adhiniyam. 2. No forest land shall be assigned on lease without the prior approval of the Central Government under clause (iii) of sub -section (1) of section 2 of the said Adhiniyam. 3. In case of assignment of forest land on lease for mining, no breaking of forest land shall be allowed, however, breaking of forest land to a limited extent such as plantation of trees, and temporary or non - permanent construction may be allowed in case of assignment of forest land on lease for a purpose other than mining; 4. Mining operations in the forest land located within the mining lease can be undertaken only after obtaining the approval for diversion of the forest area under clause (ii) of sub -section (1) of secti on 2 of the said Adhiniyam following the procedure prescribed under the rules made thereunder. 5. The user agency seeking assignment of forest land on lease for mining shall submit Mining Plan, approved by the competent authority, indicating the detailed pr e-mining and post mining land use plan, mine Closure Plan and for activities other than mining a Detailed Project Report or Plan indicating the activities proposed on the forest land shall be submitted by the user agency along with the proposal. 6. Grant of approval under clause (iii) of sub -section (1) of section 2 of the said Adhiniyam does not, in any manner, create any right or equity in favour of the user agency for grant of approval under clause (ii) of sub-section (1) of section 2 of the said Adhiniay am and decision on the proposals under clause (ii) of sub-section (1) of section 2 shall be taken on the merit or the facts reported in the site inspection reports on case to case basis. 7. In case of existing mining leases having forest land in part or in f ull, for which mining lease has already been executed at least once before 1st April, 2015 without prior approval of the Central Government under the said Adhiniyam, no mining shall be allowed till approval under clause (ii) of sub -section (1) of section 2 of the said Adhiniyam for the entire forest land falling in such mining lease is obtained, Net Present Value of forest land falling in such mining leases as stipulated in such approval is realised from the user agency and provisions of other applicable st atutes are complied with by the user agency. 8. Compensatory levies realised from the user agency shall be deposited into the account of the State Compensatory Afforestation Fund Management and Planning Authority of the State or Union territory Administration , managed by the National Compensatory Afforestation Fund Management and Planning Authority. 9. The validity of approval granted for the assignment of forest land on lease shall be valid for a period co-terminus with the period of mining lease granted under the relevant statute or for the period as may be specified by the Central Government. 10. The approval granted for the assignment of forest land on lease for mining shall become null and void in case no proposal seeking approval under clause (ii) of sub -section (2) of section 2 of the said Adhiniyam is submitted by the user agency within a period of two years from the date of issue of order of assignment of corresponding forest land on lease. 11. In case of assignment of forest land on lease for a purpose other than mining, a draft Memorandum of Understanding or draft lease deed to be signed between the user agency and the State Government shall be prepared and submitted along with the details of lease rent, if applicable. 12. The activities proposed to be undertake n by the Forest Department as per the prescriptions made in the working plan shall be continue to be implemented in the area to be considered for the assignment of lease. 13. Raising of plantations by the Government Department on the land recorded as forest i n the Government records shall be considered as forestry activity and accordingly, provisions of the compensatory afforestation and Net Present Value shall not be applicable for such plantation activities. 14. Raising of commercial plantations of low rotation, including plantation of medicinal plants in the forest land shall be considered as non -forestry activities and in such cases prior approval of the Central Government under clause (iii) of sub -section (1) of section 2 shall be obtained and decision on such proposals will be undertaken by the Central Government on the merits of each case. Provisions of compensatory afforestation and Net Present Value shall be applicable in such cases. 15. Approval granted under clause (iii) of sub -section (1) of section 2 of the said Adhiniyam does not in any manner exonerate the authorities in the State Government or any other authority from the proceedings under section 3A and 3B of the said Adhiniyam liable to be initiated for violation, if any, committed by them by assigning such forest land for mining lease without obtaining prior approval of the Central Government under sub -section (1) of section 2 of the said Adhiniyam. 16. The proposals on forest land under litigation or sub-judice on account of an issue pertaining to the Indi an Forest Act, 1927 (16 of 1927), Local Forest Act, or said Adhiniyam shall be dealt as per the orders, Judgements passed by the Courts or Tribunals 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. 17. The State Government or Union territory Administration and the user agency shall monitor, at least once in every 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 portal for future references. Non - compliances, if any, observed during such monitoring, should be brought to the notice of the concerned authorities for undertaking remedial measures as pe r the relevant guidelines issued by the Central Government in this regard. 18. The Regional Office of the Ministry, based on the available information in Ministry or on PARIVESH portal, can carry out the monitoring of approvals accorded under clause (iii) of s ub-section (1) of section 2 of the said Adhiniayam and action taken thereunder. 19. The provisions of the all other Acts, including the Scheduled Tribes and Other Traditional Forest Dwellers (Recognition of Forest Rights) Act, 2006 ( 2 of 2007) shall be compli ed with before the assignment of forest area on lease by the State Government or Union territory Administration. 20. The legal status of the forest land to assigned on such lease shall remain unchanged. 21. The Central Government under section 3C of the said Adhin iyam 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 these guidelines, for the implementation of the said Adhiniyam. [F. No. FC -11/61/2021 -FC] RAM ESH KUMAR PANDEY, Inspector General of Forests Uploaded by Dte. of Printing at Government of India Press, Ring R oad, Mayapuri, New Delhi -110064 and Published by the Controller of Publications, Delhi -110054.