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Forest Conservation Act 1980

EVS NOTES FOR BACHELOR OF ARTS NEHU 6TH SEM PAPER 1

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Çhēsrām Sangma
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47 views3 pages

Forest Conservation Act 1980

EVS NOTES FOR BACHELOR OF ARTS NEHU 6TH SEM PAPER 1

Uploaded by

Çhēsrām Sangma
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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Forest Conservation Act 1980

Introduction
Forests are one of the precious resources that nature provides. The whole ecosystem is dependent on
the forests as they are an important part of natural habitat. So, it should be our prime duty to preserve
them and not harm the cycle of our nature. But the forests of our nature are being cut at an alarming
rate. People have become so greedy that they have started clearing the entire forests. Therefore, to
stop this rapid deforestation the Central government enacted the Forest Conservation Act, 1980.

Constitutional mandate for forest conservation


When the Constitution of India was adopted in 1950, the framers were not aware that in future the
issues related to forest conservation may arise. This was realised later as the Constitution (Forty-
Second Amendment) Act, 1976 was made and Article 48A was added to the part of Directive
Principles of State Policy and Article 51A as a fundamental duty of every citizen of India.
As per Article 48A, the state shall make laws to protect and improve the environment to safeguard the
forests of our country.
According to Article 51A(g), it is the duty of every citizen of India to protect and improve the natural
environment including the forests of our country.

Objective
The trees in the forest don’t only provide us with oxygen for breathing they do a lot more than that.
They also provide us with some useful products like wood and food. Forests are an important part of
our nature, they maintain the entire ecosystem and water cycle of the earth.
The object of the Act is to maintain ecology and to preserve the forest of our country. It is also the
object of this Act to regenerate the forests by planting trees and increase the forest growth in our
country.

1. To protect the forest, its flora, fauna and other diverse ecological components.To protect the
integrity, territory and individuality of the forests.
2. To protect the forests and prevent deforestation that will lead to land erosion and subsequent
degradation of the land.
3. To prevent the loss of forest biodiversity.
4. To prevent the conversion of forests into agricultural lands, or grazing lands, or building of
business or residential units.

Features
This Act has the following features:

1. This Act has made the restrictions on the State government and other authorities to make
decisions in some matters without the prior permission of the central government.
2. Under this Act, the whole power is in the hand of the Central government to carry out the
laws of this Act.
3. This Act also provides penalties for the infringement of the provisions of this Act.
4. Under this Act, an advisory committee may be formed for advising the Central government
in matters related to forest conservation.

Section 1: Title and scope


Section 1 of the Act talks about its title, scope and commencement. This Act is known as the Forest
(Conservation) Act, 1980. This law applies to the whole country except Jammu and Kashmir.
Although, Article 370 has been revoked which means all central laws must be made applicable to the
whole country. However, as of now, only 37 laws apply to Jammu and Kashmir and this Act is not
included under these 37 laws. This law came into force on October 25, 1980. It replaced the Forest
(Conservation) Ordinance, 1980 and contains similar provisions.

Section 2: Restrictions on dereservation of forests and its non-forests use


This Section restricts the state governments and other authorities to make laws in the following
matters without the prior permission of the Central government:

 that they cannot dereserve any forest land or any portion of it reserved under any law for the
time it being enforced in the State or any other part;
 that the forest land or any portion of it cannot be used for non-forest purposes;
 that they can not assign any forest land or any portion of it by way of lease to any private
person, or anybody or organisation not controlled by the Government of India;
 that a forest land or any part of it grown naturally may be cleared for the reafforestation.
The explanation of this section defines the term “non-forest purposes”. It means cleaning any forest
land or its portion for the purpose of:

 Planting tea, coffee, spices, rubber, palms, oil-bearing, plants, or medicinal plants;
 Or for any purpose other than afforestation, but it should not include any work related to
preservation, evolution and administration of forests and wildlife.

Section 3: Advisory committee


As per Section 3 of this Act, the Central government has the power to constitute an advisory
committee to advice on matters related to the

 approving as under Section 2 of this Act;


 or any matter referred by the Central government, connected with the preservation of forests.
 FAC is a seven member Committee under the chairmanship of DGF SS, MoEF.
 Three non official members eminent experts in forestry and allied disciplines appointed for a
period of two years.
 ADGF, MoEF Additional Commissioner (Soil Conservation), Ministry of Agriculture.
 IGF (FC) -- Member Secretary
 Meeting not less than once a month, generally at New Delhi
 Quorum is Three.
Section 3A: Penalties
This Section 3A was added by the amendment made in 1988. According to this section, whoever
violates or abets the violation of any law contained under Section 2 shall be punished with simple
imprisonment for any prescribed term which may increase up to 15 days.

Section 3B: Offences by authorities and government offices


This Section 3B was also added by the amendment made in 1988. This section talks about the
offences committed by the Authorities and the government Department.
According to section 3B(1), whenever any offence under this Act is committed by any department of
the government, head of the government, any authority or any person who at the time of the
commission of the offence was responsible for the conduct of business, shall be made liable for the
offence under the Act.
However, the same person can save himself by proving that the offence was committed without his
knowledge and also, he took all the possible measures to prevent the commission of the offence.
According to section 3B(2), when an offence under this Act has been committed by a person other
than the department of the government, head of the government or the authority mentioned under
sub-section 1, with his consent or due to his negligence, then such persons shall be declared guilty
under the Act and also be made liable to proceedings and punishments.

Section 4: Rulemaking power


Under Section 4, the Central government has the power to carry out the laws prescribed under this
Act, by notifying in the official gazette. Before forming any rule, it should be presented before both
houses of the parliament for a period of thirty days. Both the houses of the parliament shall agree to
do the modification or form the new rule under the Act.

Section 5: Repeal
This section of the Act repealed the Forest (Conservation) Ordinance, 1980.

Amendments Made in 1988


1. Restriction on the de-reservation of forests
2. Constitution of Advisory Committee
3. Penalty for contravention of the provisions of the Act
4. Offences by authorities and Government Departments
5. Power to makes rules
6. Saving

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