"l'v
orrrcn or rrrn PnrNcrrar, Crunn CoNspnv,q.ron oF'roREsrs Nncpt-tR (HEAD oF Fonrsr FoncE) MAHARAsHTRA SrA'rlE' By Fax/e-rnail
No.:-Desk-17A{odal ceu /RS/ 3l'1 tZOtZ-t+ Nagpur, dated *r"@Wt"Y, z0l3
To The Chief Conservator of Forests (T) All The Chief Conservator of Forests (WL) All
of India while sub:- compliance of conditions stipulated by Governmentunder Forest grurrtirrg in-principl" upp'o"ul to the proposals (Conservation) Act, tr980'
{
Ref:- This of'fice letter No. Desk-l7^{odal cell/Rsli29l2013-14
dated
221412013'
Secretary (Forests), During the video sonferencing held by the Principal Mumbat onZ'/th May, 2013 to review Revenue & Forests Department, Mantralaya,
in vidarbha, it was pointed the important proposals of the Irrigation Department that amounts indicated by the Forest out by Frincipal Secretary (Water Resources) conditions are subsequently Department to be paid in compliance of various of Forests' He suggested that final increased by the concerned Deputy conservators arnountsshouldbeinformedattheinitialstageitseifandsubsequentlythereshould (Forests) has desired that detailed be no upward revision. The Principal Secretary CCFs(T) and DCFs' Accordingly. instructions in this regard should be issued to
foilowing guideiines are being issued'
1)WhilereconunendingaparticularproposaltotheStateGovenrnrentor this office stipulates certain conditions Government of India, as the case may be, the state Governrnent aiso stipulates which have financial implications. Similarly, to the Governrnent of India for certain conditions while submitting the proposal principle approval to the proposal' approval. Subsequently, while granting in conditions' Thus the conditions Government of India also stipulates certain general have financial implications' sorne imposed at three levels may or may not afe - payrnent of cost of compensatory conditions having financial implications
Dictation APCCF
2Ft
afforestation, cost
of
additional compensatory afforestation, cost
compensatory afforestation, N.P.V., survey and demarcation
,
of
penal
boundary pillars,
rnedicinal plantations, CAT plan, soil and moisture conservation works, purchase of machinery and equipments etc.
While forwarding in-principle approval granted by the Government of India to the concerned user agency, the concerned DCF should ensure that the amount to be
paid by the user agency pertaining to each condition is clearly mentioned in the letter"
[t
must be ensured that the amount to be paid related to each condition is
indicated independently.
2)
As directed by the Principal Secretary (Forests), the compliance of all the
conditibns should be obtained from the user agency together and not in piecemeal. The cost of CA, Addl. CA and Penal CA is to be recovered from the user agency in accordance
with the plantation models approved by this office vide No" D-
17Atrocel/t{C/Estimatel2T6ll12-13 dated 30th March,2013. Clear indication has to
be given to the user agency that the CA rates are applicable for that particular financial year only and
if
the payment is not made during that financial year, the
CA rates will increase as per the rate rnatrix and the user agency witrl solely responsible
be
for such increase in CA amount. A copy of rate matrix should be
enclosed.
3) in
The amount of NPV has been fixed by the Govemment of trndia on 5.2.2009
accordance
with the judgment dated 2813n0A8 of Hon'ble Supreme Court of
India. The NPV is to be calculated in accordance with the Eco-value class and density class of the forest land being diverted. That NPV rate presently vary from Rs. 4.38 lacs to Rs. 10.43 lacs. It should be brought to the notice of the user agency
that the Government of India have indicated that NFV rates fixed on 5.2.20A9 would hold good for a period of three years and is subject to variation after three years as per the judgment of Hon'ble Supreme Court dated 281312008, The user agency is required to provide an undertaking to pay the additional NPV as decided
by the Hon'ble Supreme Court of India or Government of India.
Dictation APCCF
'(tT\
4)
While indicating the amount to be paid by the user agency after in-principle
approval by the Government of India, due care should be taken to effect recovery based on the daily wage rate prevalent at the time of payment and not at the time
submission of the original proposal by the user agency. The difference.
of
if any. in
this regard due to increase in daily wage rates should be properly explained to the user agency. However, once cornmunicated, the atnounts based on daily wage rate
should not be changed
if the payment is made by the user agency before next
revision of the daily wage rates. Clear intimation should be given to the user agency that
if
amounts are not paid within the stipulated time, amount shall
increase due to increase in the daily wage rates for which the Forest Department shall
iot
5)
be responsible"
It is noticed that certain conditions
related
to survey and
demarcation,
boundary pillars, medicinal plantations etc. as stipulated by the Government of Maharashtra or PCCF (HoFF) are not intimated to the user agency at the initial
stage itself. The DCFs while asking the user agency
for fulfilhnent of
the
conditions, should endorse a copy of the letter to CCF(T) concerned who should
verify
and ensure that all the payrnent details are properly calcrllated by the
DCFs.
6)
Detailed instructions have been given by this office on22.4.2013 regarding
proper submission of compliance report for the proposals approved in-principle. These instructions should be followed scrupulously'
7)
According to para 4.2
Environment
&
by the Ministry of where compliance of conditions stipulated in in'
(ii) of the Guidelines
Forests "cdse,s
issued
principle approval is awaited for more than five years from the State Goverrunents, the in-principle approval would surnrnarily be revoked. After revocation of the inprinciple approval, if the State Governmentluser agency still insist for the project, they would be required to submit a fresh proposal which shall be considered de-
novo'. In the light of these guidelines, it should be ensured that complete compliance is submitted by the usef agency within 5 years and in cases where complete compliance is being submitted after five years, a detailed note containing
Dictation APCCF
.
Ly;b
reasons
for not submitting the compliance within five years should also
be
submitted by the user agency.
8)
These guidelines should be brought
to the notice of all the concerned including the user agencies for information and compliance. The Chief Conservators of Forests (T) and Chiefl Conservators of Forests (Wildlife) are also requested to discuss these matters in the monthly meeting of DCFs and ensure thai the directions are strictly followed.
\^,\6_-> '\
Addl. principal Chlef Conservator of Forests and Nodal Officer, Maharashtra State, Nagpur.
.Copy submitted to the Principal Secretary (Forests) Revenue Departrnent, Mantralaya, Mumbai for information and necessary action.
& Forests
Copy submitted to the Principal Secretary (Water Resources), Irrigation Department, Mantralaya, Mumbai, for information and necessary action.
C"py submitted to the Principal Chief Conservator of Forests (Wildlife), Maharashtra State, Nagpur for inforrnation.
Copy submitted to the Secretary (Works)/Secretary (Roads), Public Works Department,Mantralaya,Mumbaiforinformationandnecessaryaction. Copy forwarded with compliments to the Addl. Principal Chief Conservators of Forests (Wildlife) East/WestArlashik for information
Copy forwarded to the Dy. Conservators of Forests (Territorial) (All) for information and necessary action.
Dictation APCCF
