FCA / AUTHORITIES /

Forest Advisory Committee

The central government consults with a (Forest) Advisory Committee constituted under the Act with regard to clearances sought by user agencies through the procedure laid down for submission and processing of such proposals. In addition the central government may consult with the Advisory Committee in relation to other matters connected with forest conservation.

Composition of the Advisory Committee

The Advisory Committee shall consist of the following members:

1. Director General of Forests, Ministry of Environment and Forests, as Chairperson
2. Additional Director General of Forests, Ministry of Environment and Forests, as a member. He shall act as Chairperson in the absence of the Director General of Forests
3. Additional Commissioner (Soil Conservation), Ministry of Agriculture, as a member
4. Three non-official members who shall each be an expert in the fields of mining, civil engineering and development economics respectively.
5. Inspector General of Forests (Forest Conservation), Ministry of Environment and Forests, as Member-Secretary

Functions of the Advisory Committee

The central government may constitute a committee to advise the government with regard to:

a) The grant of approval for:

1. The de-reservation of any reserved forest or any portion of such reserved forest

2. The use of forest land (or any portion of such forest land) for non-forest purpose

3. The assigning, by way of lease or otherwise, any forest land (or any portion of such forest land) to any private person or any authority, corporation, agency or any other organization not owned, managed or controlled by the government

4. Proposals for clearing of trees which have grown naturally on any forest land (or portion of such forest land) for the purpose of using it for reafforestation

b) Any other matter connected with the conservation of forests which may be referred to it by the central government.

Role of the Committee in the grant of forest clearances

The primary function of the Advisory Committee is to render advice to the central government on proposals forwarded by respective state governments submitted by user agencies for clearances sought under the Act. In this regard it may suggest necessary conditions and restrictions in accordance of which approval may be granted by the central government, or may suggest the rejection of such proposals. The central government shall refer every proposal received by it from the state government or Union Territory Administration to the Advisory Committee. The recommendations of the Committee shall be placed before the central government for its decision, within a period of ninety days of the receipt of such proposals from the state government or the Union Territory Administration.

The Advisory Committee makes the following considerations while reviewing such proposals to address minimization of adverse environmental impacts caused by such activity:

1. Ecological conditions of the area; whether it forms part of a protected area, habitat of an endangered or threatened species, or an eroded catchment

2. Land use and management specified in the proposal; whether the area is going to be used for agricultural purposes, reafforestation, rehabilitation of persons/communities displaced by river valley or hydroelectric projects

3. state government’s review of alternatives; whether the state government has certified that alternatives are not feasible under the circumstances and that the minimum area required is being used

4. Compensatory afforestation; whether the state government proposes to acquire land of an equivalent area for the purpose of reafforestation

5. The Committee may suggest that a proposal received for forest clearance should be examined from an environmental angle. In such cases, the proponent will refer the case to the Environment Wing of the MoEF.

The central government may grant approval to the proposal with or without conditions, or reject the proposal, after considering the advice rendered by the Advisory Committee. Such decision is made within 60 days of the receipt of such recommendations/advice from the Advisory Committee.

Terms of appointment of non-official members

1. A non-official member shall hold office for a period of two years

2. A non-official member shall cease to hold office if he becomes of unsound mind, becomes insolvent or is convicted by court of law on a criminal offence involving moral turpitude

3. A non-official member may be removed from his office if he fails to attend three consecutive meetings of the Advisory Committee without any sufficient cause or reasons

4. Any vacancy in the membership caused by reasons mentioned in (ii) and (iii) shall be filled by the government for the unexpired portion of the two year term.

5. Traveling and daily allowances shall be payable to the non-official members of the Committee at the highest rate admissible to the government servants of Group ‘A’ under the rules and orders made by the central government and for the time being in force. Provided that the payment of traveling allowance and daily allowance to a member who is a Member of the Parliament or a Member of a State Legislature shall be regulated in accordance with the Salary, Allowances and Pension of Members of Parliament Act, 1954 or the respective provisions of law pertaining to the member of the concerned state Legislature.
   

Conduct of Business of the Advisory Committee

1. The Chairperson shall call the meeting of the Advisory Committee whenever considered necessary, but not less than once a month

2. The meeting of the Committee shall be held at New Delhi

3. In a case where the Chairperson is satisfied that inspection of site(s) of forest land proposed to be used for non-forest purposes shall be necessary (with consideration to the proposal(s) received), he may direct that the meetings be held at such place from where inspection of site(s) may be made

4. The Chairperson shall preside over every meeting of the Advisory Committee at which he is present

5. Every question upon which the central government is required to be advised shall be considered in the meeting provided that in urgent cases, if the meeting cannot be convened within a month, the Chairperson may direct that papers be circulated to members for their opinion within the stipulated time.

6. The quorum of the meeting of the Advisory Committee shall be three.