Forest Conservation Act 1980

Why in news?

• The Centre moved a draft Cabinet note that sought to update the Forest Conservation Act. It proposes to exempt certain categories of infrastructure project developers from approaching the Centre for permission to use forest land for non-forestry purposes.

More about the news:

• The essential tension in the Forest Conservation Act is that the state is committed to a principle of increasing forest cover, and this makes it harder to access land for infrastructure projects by States and private entities.
• India’s aim is to have at least 33% of India’s geographical area under forest and tree cover, and increasing the latter is a major thrust. So far, forest cover is around 22%.

About Forest Conservation Act:

• The Forest (Conservation) Act, 1980, came into force to address deforestation.
• Though the Indian Forest Act has been in force since 1927, it was geared to allow the colonial British administration to control the extraction of timber and not aimed at preserving forests or addressing deforestation.
• While States had already notified forest land, the FCA 1980 made it necessary to get the Centre’s permission for using such forest land for “non forestry purposes” and the creation of an advisory committee to recommend such re-classification.

Objectives of the Act:

• Protect the forest along with its flora, fauna and other diverse ecological components while preserving the integrity and territory of the forests.
• Arrest the loss of forest biodiversity
• Prevent forest lands being converted into agricultural, grazing or for any other commercial purposes and intentions.

Salient provisions of the Act:

• 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 cannot 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 this section, 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.
• 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.
• The Act levies penalties in case of violations of the provisions of FCA.

PRELIMS QUESTION

Which of the following statements is/are correct regarding the Forest Conservation Act 1980?

1. The Act restricts the state government from assigning forest land to private person without the prior permission of the Central government

2. As per this Act, the Central government has the power to constitute an advisory committee to advice on matters connected with the preservation of forests.

Select the correct answer using the codes given below:

(a) 1 only

(b) 2 only

(c) Both 1 and 2

(d) Neither 1 nor 2

Answer