THE FOREST CONSERVATION ACT, 1980
Increasing non-forest activities in forests led to deforestation and degradation of forest trees and land especially in terrain regions of Himalayas and other North Eastern hilly States thereby causing eavy erosion of top soil, erratic rainfall and recurring floods. The esaltant loss of forest productivity and ecological imbalance mecessitated a specific law on conservation of forests as the existing an Forest Act, 1927 and its provision were found to be inadequate o meet the new problems and challenges that had cropped up in The forest regime over the years. Therefore, the Forest (Conservation) Act 1980 was promulgated on October 25, 1980 repealing the Forest Conservation) Ordinance, 1980.
"The Act was enacted with a view to checking further deforestation which immediately results in ecological imbalance, and therefore, the provisions made therein for the conservation of forests and for matters connected therewith, must apply to all forests irrespective of the nature of ownership or classification thereof. The word 'forest' must be understood according to its dictionary meaning. It covers all statutorily recognized forests, whether designated as reserved, protected or otherwise, for the purpose of Section 2(i) of the Forest (Conservation) Act. The term 'forest land' occurring in Section 2 will not only include forest, but also any area recorded as forest in the Government record irrespective of the ownership.
The Court further made it clear that even if any forest land was used for non-forest purpose, like undertaking mining activity for a particular period, prior to the enforcement of the Forest (Conservation) Act, 1980, the tenure of such activity cannot be extended by way of renewal of lease or otherwise after 25th October, 1980 obtaining the approval of the Central Government.
Main Objective of Forest conservation act :
The main objective of the Act is to provide for the conservation of forests and for matters connected therewith or ancillary or incidental thereto. It is a small piece of legislation, passed by the Indian Parliament in 1980. It contains only 5 Salient Features.
Scope and Application: This Act extends to whole of India except the States of Jammu & Kashmir, which has its own State Act. The Forest (Conservation) Act, 1980 came into force on 25 October, 1980, i.e. the date on which the Forest (Conservation) Ordinance, 1980 was promulgated.
Salient Features of the forest conservation Act,1980
The Forest (Conservation) Act, 1980 at the time of passing contained 5 Sections. Subsequently three more Sections. 2-A. 3-A and 3-B were inserted. Section 2-A was inserted by Act of 19 of 2010. While Section 3-A and 3-B were inserted by Act 69 of 1988.
1. Section 1 contains short title, extent and commencement It extends to the whole of Indian except the State of Jammu and Kashmir. It came into force from 25th October, 1980.
2. Section 2 imposes restriction on the de-reservation of forests or use of forest land for non-forest purpose. Section 2 runs as follows:
Notwithstanding anything contained in any other law for the time being in force in a State, no State Government or other authority shall make, except with the prior approval of the Central Government. any order directing-
i) That any reserved forest (within the meaning of the expression 'reserved forest' in any law for the time being in force in that State) or any portion thereof, shall cease to be reserved.
ii) That any forest land or any portion thereof may be used for any non-forest purpose.
iii) That any forest land or any portion thereof 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.
iv) That any forest land or any portion thereof may be cleared of trees which have grown naturally in that land or portion,for the purpose of using it for reforestation.
Explanation (Sec.2): For the purposes of this section "non- forest purpose" means the breaking up or clearing of any forest land or portion thereof for -
a) The cultivation of tea, coffee, spices, rubber, palms, oil bearing plants, horticulture crops or medicinal plants.
b) Any purpose other than reforestation
But does not include any work relating or ancillary to conservation, development and management of forests and wildlife, namely, the establishment of check-posts, fire lines, wireless communications and construction of fencing, bridges and culverts, dams, waterholes, trench marks, boundary marks, pipelines or other like purposes,
Appeal to National Green Tribunal (Sec.2.A):
Any person aggrieved, by an order or decision of the State Government or other authority made under Section 2, on or after the commencement of the National Green Tribunal Act, 2010, may file an appeal to the National Green Tribunal established under Section 3 of the National Green Tribunal Act, 2010, in accordance with the provisions of that Act.
Constitution of Advisory Committee (Sec.3):
Section 3 of the Act empowers the Central Govt. to constitute a committee consisting of such number of persons as it may deem fit to advise the Govt. with regard to:
(i) the grant of approval under Sec. 2; and
(i) any other matter connected with the conservation of forests which may be referred to it by the Central Govt.
Penalty for contravention of the provisions of the Act (Sec.3.A):
Whoever contravenes or abets the of any of the provisions of Section 2 shall be punishable with simple imprisonment for a period which may extend to fifteen days.
Offences by authorities and Government departments (Sec.3.B):
Where any offence under this Act has been committed-
a) by any department of Government, the head of the department
b) by any authority, every person who, at the time the offence was committed was directly in charge of, and was responsible to, the authority for the conduct of the business of the authority as well as the authority shall be deemed to be guilty of the offence and shall be liable to be proceeded against and punished accordingly:
Provided that nothing contained in this sub-section shall render the head of the department or any person referred to in Clause (b). liable to any punishment if he proves that the offence was committed without his knowledge or that he exercised all due diligence to prevent the commission of such offence.
Power to make Rules (Sec.4):
According to Sec. 4 of the act, the Central Govt. by notification in the Official Gazette, make rules for carrying out the provisions of the Act.
Repeal and Saving (Sec.5):
The Forest (Conservation) Ordinance, 1980 is hereby repealed Sec. 5(1)
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