Section 8   [ View Judgements ]

Committee to advise on proposals received by the Central Government


(1) The Central Government shall refer every proposal, complete in all respects, received by it under [1] [sub-rule (6) of rule 6] including site inspection report, wherever required, to the Committee for its advice thereon.



[2] [(lA) These proposals shall be processed and put up before the Committee and the recommendations of the Committee shall be placed within a period of ninety days of the receipt of such proposals from the State Government or the Union territory Administration, as the case may be, before the Central Government for its decision.]



(2) The Committee shall have due regard to all or any of the following matters while tendering its advice on the proposals referred to it under sub-rule (1), namely:-



(a) Whether the forests land proposed to be used for non-forest purpose forms part of a nature reserve, national park wildlife sanctuary, biosphere reserve or forms part of the habitat or any endangered or threatened species of flora and fauna or of an area lying in severely eroded catchment;



(b) Whether the use of any forest land is for agricultural purposes or for the rehabilitation of persons displaced from their residences by reason of any river valley or hydro-electric project ;



(c) Whether the State Government or the [3] [or the Union Territory Administration, as the case may be] has certified that it has considered all other alternatives and that no other alternatives in the circumstances are feasible and that the required area is the minimum needed for the purpose; and



(d) Whether the State Government or the other authority undertakes to provide at its cost for the acquisition of land of an equivalent area and afforestation thereof.



(3) While tendering the advice, the Committee may also suggest any conditions or restrictions on the use of any forest land for any non-forest purpose, which in its opinion, would minimize adverse environmental impact.



FOOTNOTES:

1. Substituted by Forest (Conservation) Amendment Rules, 2004

2. Inserted by by Forest (Conservation) Amendment Rules, 2004

3. Substituted by Forest (Conservation) Amendment Rules, 2004

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