Para 3.19.11 — MSO (Audit)
Original Rule Text
3.19.11 The Forest (Conservation) Act, 1980, as amended from time to time, checks the indiscriminate diversion of forest land for purposes unrelated to forestry. The State and Union Territory Governments are required to submit formal proposals received by them from various investors and project entities to the Ministry, if these involve the diversion of more than 20 hectares of forest land. The proposals will contain a map of the area, details of the flora and fauna, the measures proposed for compensatory afforestation, etc. An Advisory Committee in the Ministry scrutinises these proposals. Proposals involving diversion of forest land of area between 5 and 20 hectares are to be processed by the Regional Chief Conservator of Forests concerned in consultation with a State Advisory
Group, consisting of representatives of the State Governments concerned. Proposals involving diversion of forest land of up to 5 hectares can be decided by the Regional Chief Conservator of Forests concerned under his delegated powers. Audit may examine the processing of these proposals at different levels with a view to establishing that such decisions as are arrived at are in conformity with the provisions of the Act and the recommendations of the Advisory Groups. Audit shall also examine adherence to the conditions stipulated in the clearances accorded by the authorities concerned and the action, if any, taken against defaulters. Adequacy of the monitoring machinery to ensure adherence to the stipulated conditions could also be ascertained in the course of audit.
What This Means
The Forest (Conservation) Act, 1980 prevents uncontrolled diversion of forest land for non-forestry purposes. Proposals to divert forest land must be approved at different authority levels based on the area involved: over 20 hectares requires Ministry-level approval, 5-20 hectares requires the Regional Chief Conservator with a State Advisory Group, and under 5 hectares can be decided by the Regional Chief Conservator alone. Auditors must verify that these approvals followed the correct procedures and that conditions attached to clearances are being complied with.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Key Points
- 1Forest (Conservation) Act, 1980 regulates diversion of forest land
- 2Proposals above 20 hectares require Ministry-level scrutiny by Advisory Committee
- 35-20 hectare proposals handled by Regional Chief Conservator with State Advisory Group
- 4Up to 5 hectares decided by Regional Chief Conservator under delegated powers
- 5Audit checks compliance with clearance conditions and action against defaulters
Practical Example
An auditor examines forest diversion proposals in a state and finds that a 25-hectare proposal for a highway project was approved by the Regional Chief Conservator instead of the Ministry, bypassing the Advisory Committee. Further, compensatory afforestation required under the clearance conditions was not carried out even three years after approval, and no action was taken against the project authority.
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.
Frequently Asked Questions
What documents must a forest diversion proposal contain?▼
What is compensatory afforestation?▼
What action can be taken against entities that violate clearance conditions?▼
This explanation was generated with AI assistance for educational purposes. Always refer to the official gazette notification for authoritative text.