FCA / ACTIVITIES REQUIRING CLEARANCE/
Lease of forest land to private persons, non-governmental corporations, agencies, etc.
Under Section 2 of the Act, no state government or other authority shall make any order directing that any forest land (or portion of such forest land) may be assigned by way of lease or otherwise to any private person or to any authority, corporation, agency or any other organization not owned, managed or controlled by government.
Section 2
Any scheme or project which involves such assignment of forest land by way of lease or similar arrangement to any private person or to any authority/agency/corporation not wholly owned, managed or controlled by the government shall attract the provisions of the Act. Examples of such schemes include private or joint sector ventures.
Handbook of Forest (Conservation) Act, 1980, Forest (Conservation) Rules, 2003, Guidelines & Clarifications. Issued by the Government of India, Ministry of Environment & Forests, New Delhi, 2004 – Part C, Chapter 1, Para 1.7.ii
When forest land is assigned to any authority, corporation, agency or other organization that is wholly owned, managed or controlled by the state/UT government or the central government, such authority/corporation/agency cannot reassign this land (or any part of it) to any other organization or individual.
Handbook of Forest (Conservation) Act, 1980, Forest (Conservation) Rules, 2003, Guidelines & Clarifications. Issued by the Government of India, Ministry of Environment & Forests, New Delhi, 2004 – Part C, Chapter 1, Para 1.7.i
In such cases, a proposal in the prescribed form must be sent for seeking prior approval from the central government under the Act.
Click here to read about the detailed procedure for submission and processing of proposals
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Transfer of lease of forest land
When a lease granted under the Act is to be transferred from one user agency to another, the guidelines issued under the Act make necessary the application for approval of such transfer from the central government.
Click here to go to the section on ‘Transfer of lease’ from one user agency to another
Diversion prior to 25th October 1980
Cases in which specific orders for lease of forest areas to private persons in connection with any project were issued by the state government prior to 25th October 1980, need not be referred to the central government. However, in cases where only administrative approval for the project was issued without specific orders regarding de-reservation and/or diversion of forest lands, a prior approval of the central government would be necessary.
Handbook of Forest (Conservation) Act, 1980, Forest (Conservation) Rules, 2003, Guidelines & Clarifications. Issued by the Government of India, Ministry of Environment & Forests, New Delhi, 2004 – Part C, Chapter 1, Para 1.2




































