FOREST CONSERVATION ACT, 1980

- AN OVERVIEW

Introduction

Forests are vital as they cover a third of earth’s land area. We

depend on forests for our survival, from the air we breathe to
the wood we use. Besides providing habitats for animals and
livelihoods for humans, forests are essential to the health of our
environment.

Forests regulate water cycles, maintain soil quality and reduce

the risk of natural disasters like flood. But most importantly,
they maintain the balance of oxygen and carbon dioxide in the
atmosphere. That is why the forests are called as green lungs.
Thus, the fewer trees there are the fewer lives that our planet
can support.

Understanding the importance of forests and the need to

preserve our forests, the Forest Conservation Act, 1980 was
introduced. The forest is being destroyed by humans at an
alarming rate.

Rapid deforestation increases pollution in our environment,

placing human lives at huge risk. Hence, the Central
Government passed Forest Conservation Act on 1980 with a
view to check deforestation and de-reservation of forests.
History of the Act

The Indian Forest Act was passed on 1927 prior to the Forest
Conservation Act of 1980. It contained provisions to regulate
the forest produce and to levy taxes on timber and other forest
produce.

This became a good source of revenue for the British

government. It never aimed to protect the forests of the country.
The Indian Forest Act, 1927 also gave special powers to the
British government and forest department to create reserved
forest1.

These reserved forests were used for government purpose only.

Moreover, the right to use of natural resources from the forest
by the local people was controlled. In other words, we can say
that this Act had solely confined to British interests.

This Act remained in force till the 1980s when it was realized
that protecting forests for the production of timber alone was
not acceptable. The need to conserve the forests became
stronger after independence.

___________________________
1. Land rights to forests declared to be Reserved forests or Protected
forests are typically acquired (if not already owned) and owned by
the Government of India. Rights to all activities like hunting,
grazing, etc. in reserved forests are banned unless specific orders
are issued otherwise.
https://en.wikipedia.org/wiki/Reserved_forests_and_protected_fore
sts_of_India
Hence, the Forest Conservation Act, 1980 was enacted to
control deforestation2 and the use of forest land for non-forest
purposes. It also emphasized that forestlands could not be de-
reserved without prior approval of the Central government.

Constitutional provisions

After the 42nd Amendment of the Indian Constitution on

19763, certain provisions were introduced for the protection of
forest and wildlife in our country.

Article 48-A: - “The State shall endeavour to protect and

improve the environment and to safeguard the forests and
wildlife of the country”. It is introduced as a directive principle
of state policy under part IV of the Indian Constitution. It
places an obligation on the State to protect the environment and
wildlife.

Article 51-A (g):- “to protect and improve the natural

environment including forests, lakes, rivers and wildlife, and to
have compassion for living creatures;”. It is introduced as a
fundamental duty under part V of the Indian Constitution. It
places a duty on the citizens of India to protect and improve the
natural environment and have compassion for all living
creatures.

__________________________
2. Deforestation, the clearing or thinning of forests by humans.
https://www.britannica.com/science/deforestation
3. https://legislative.gov.in/constitution-forty-second-amendment-
act-1976
Major objectives of the Act
 To reduce the rate of deforestation and check on de-
reservation4 of forest land.
 To provide food, fuel, building material etc. to forest
dwellers at subsidized rates.
 To modify the working plans into environmental
friendly plans.
 To restrict the hunting and trapping of wildlife.
 To grant special permission for hunting of wildlife for
scientific research.
 To prevent degradation of the forest land and the loss of
biodiversity5.
 To prevent the conversion of forests into agricultural
lands, or grazing lands, or building of business or
residential units.
 To regenerate the forests by planting trees and increase
the forest growth in our country.

________________________

4. https://www.advocatekhoj.com/library/bareacts/
forestconservation/2.php?Title=Forest&STitle=Restriction%20on
%20the%20de-reservation%20of%20forests%20or%20use%20of
%20forest%20land%20for%20non-forest%20purpose#:~:text=(iv)
%20that%20any%20forest%20land,land%20or%20portion
%20thereof%20for%2D

5. Forest biological diversity is a broad term that refers to all life

forms found within forested areas and the ecological roles they
perform. https://www.cbd.int/forest/what.shtml#:~:text=Forest
%20biological%20diversity%20is%20a,the%20ecological
%20roles%20they%20perform.&text=In%20biologically
%20diverse%20forests%2C%20this,and%20to%20maintain
%20ecosystem%20functions.
 To spread awareness amongst organizations and the
public at large about forest conservation and protection.
  To protect the forest, its flora, fauna and other diverse
ecological components.
 To preserve the integrity, territory and individuality of
the forests.
 To maintain ecology and to preserve the forest of our
country.

Provisions under the Act

Section 1: Title & Scope

This Act is known as the Forest (Conservation) Act, 1980 and it
applies to the whole country except Jammu and Kashmir.

Section 2: Restrictions on de-reservation of forest and its non-

forest use
The State government and other concerned authorities must get
prior approval from the Central Government in the following
matters:
 To de-reserve any forest land or any portion of it
reserved under any law in force;
 To use forest land or any portion of it for non-forest
purposes;
 To assign any forest land or any portion of it by way of
lease to any private person, or an organisation not
controlled by the Government of India;
 To clear a forest land or any part of it grown naturally
for the re-afforestation.
The term “non-forest purposes” 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

The Central government has the power to constitute an

advisory committee to advice on matters related to
the provisions under section 2 of this Act or any matter referred
by the Central government in connection with the preservation
of forests.

Section 4: Rulemaking power

Power to make rules for carrying out the provisions of this act
is vested with the central government. Every such rule shall be
laid down before each house of the parliament for a period of
30 days.

The Central government has the power to carry out the laws
prescribed under this Act by notifying in the official gazette.
Ordinarily, a bill becomes an Act when it is passed by both the
houses of the parliament and the President of India gives assent
to it.

However, the President can assent or withhold his assent to a

bill or he can return a bill, other than a money bill which is
recommended by the President himself to the houses.

Section 5: Repeal

This section of the Act repealed the Forest (Conservation)

Ordinance, 1980.
Appeals:

The appeal shall lie before the National Green Tribunal from
the decision of any authority under this Act. Any aggrieved
person may file such appeal.

Major Amendments

In the year 1988, there were certain important amendments

made to the Forest Conservation Act of 1980. These
amendments are as follows:

Section 3A: Penalties

Whoever violates or abets to violate any law under Section 2 of
this Act shall be punished with simple imprisonment which
may extend up to 15 days.

Section 3B: Offences by authorities and government offices

This section talks about the offences committed by the
Authorities and the government Department.

According to section 3B (1), if at the time of commission of the

offence any department or head of the government or any
authority was responsible for the conduct of business, they shall
be made liable under this Act.

However, the offender can save himself by proving that the

offence was committed without his knowledge. He could even
say that 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 authority
mentioned under sub-section 1, then such persons shall be
found guilty and also be made liable to proceedings and
punishments.

Significant Case Laws

The Supreme Court and the High Courts have delivered various
important judgements regarding the protection of the forests
and environment by entertaining the Public Interest Litigation
(PIL)6 filed under Article 32 and Article 226 of the
Constitution.

_________________________

6. Public interest Litigation (PIL) means litigation filed in a court of

law, for the protection of “Public Interest”, such as Pollution,
Terrorism, Road safety, Constructional hazards etc.
https://www.drishtiias.com/to-the-points/Paper2/public-interest-
litigation

T.N. Godavarman Thirumulpad etc. v. UOI & Ors.7

In this case, it was held that all provisions of the Forest

Conservation Act, 1980 applies to all types of forests
irrespective of the nature of ownership or any other
classification .The court observed that the dictionary meaning
of forest has to be referred along with the statutory provisions.
Thus, the Central Government’s approval is required in the
above two cases as well.

Nature Lovers Movement v. State of Kerala and Ors.8

The Kerala Government tried to grant a lease to unauthorised

encroachers of forest land without obtaining Central
Government’s approval. The nature of Section 2 was
questioned as to whether it is prospective or retrospective. The
Court stated that no state government shall be permitted to use
the forest area for non-forest purposes under any
circumstances.

___________________________

7. T.N. Godavarman Thirumulpad vs Union Of India & Ors on 26

September, 2005. https://indiankanoon.org/doc/1026316/
8. Nature Lovers Movement vs State Of Kerala & Ors on 20 March,
2009. https://indiankanoon.org/doc/623201/#:~:text=The
%20appellant%2C%20which%20is%20a,Article
%20226%20of%20the%20Constitution.

Tarun Bharat Singh v. Union of India9

A voluntary organisation filed a PIL petition before the
Supreme Court against the illegal mining in the reserved area of
the Alwar district, Rajasthan. The state government had granted
hundreds of licences for mining marble. The Court held that the
State government cannot carry any non-forest activity(mining)
in such reserved area without the prior permission of the
Central government.

Problems in the implementation

There are a few problems that arise during the implementation

of the Forest Conservation Act, 1980 which are as follows:

 The shift of power of approval from the State

government to the central government does nothing for
the rejuvenation of the lost forest.
 When a centralised authority grants approval for forest
clearance neither the developers seeking approval nor
the state authorities have any responsibility to protect
the forests.

___________________________

9. Tarun Bharat Sangh, Alwar v. Union Of India And Others,

Supreme Court Of India, Nov 8, 1994.
https://www.casemine.com/judgement/in/5609acb3e4b014971140f
7a0/amp

 Various political demands and undue pressure also

contribute to the ineffectiveness of this Statute.
 This Statute is silent on sectorial legislation like laws on
mining projects, wind energy, irrigation projects, hydro-
electric projects and other infrastructural industries.
 The Act has failed to attract public support because it
has infringed the human rights of poor native people.
  Forest dwellers and tribal communities have rich
knowledge about forest resources but their contribution
is not given any value.
 The Act has transferred the power of approval from the
state to the central government meaning that the power
is centralized at the top. This can eventually lead to
arbitrary use of power.
 Lack of manpower in the regulatory agencies compared
to the increasing rate of industries.
 Lack of technical knowledge and increased rate of
corruption in the economy.
 A non-responsive bureaucracy also partially contributes
to the ineffectiveness of this Act.

Conclusion

The Forest Conservation Act, 1980 is significant enough even

though it is pretty short with only 5 sections. This Act contains
all types of forests categorised as reserved forests, protected
forests and village forests.
The Act contains several provisions to control deforestation and
to encourage afforestation10 of non-forest areas. Further, the
amended Act in 1988 prohibited the lease of the forest to
anybody other than the government. This step of the
government helps to increase the forest cover to an average of
thirty per cent.

But the Indian legislation still needs to check the

implementation of the law and strict penalties must be imposed.
Every citizen must acquaint themselves with the laws in force
and its important provisions.

No matter how stringent the laws are, it’s the duty of every
human to preserve the greenery around them and keep it
nourishing for future generations also.

One must know the value of innumerable resources that a forest

can produce. Forests are indeed considered as the life support
system on earth and a vital asset to every nation.

__________________________
10. The act or process of establishing a forest especially on land not
previously forested.
http://www.merriam-webster.com/dictionary/afforestation

References

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view_type=browse&sam_handle=123456789/1362
ii. https://www.yourarticlelibrary.com/law/acts/summary-of-forest-
protection-act-1927-of-india/30188
iii. http://www.wealthywaste.com/forest-conservation-act-1980-a-
summary
iv. https://indiankanoon.org/doc/654536/
 v. http://ecoursesonline.iasri.res.in/mod/page/view.php?id=26237
vi. https://bnblegal.com/article/salient-features-of-forest-conservation-
act-1980/
vii. https://blog.ipleaders.in/insight-forest-conservation-act-1980/
viii. https://blog.ipleaders.in/major-drawbacks-forest-conservation-act-
1980/
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5O
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xi. https://www.drishtiias.com/daily-updates/daily-news-analysis/
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xii. https://wwf.panda.org/discover/our_focus/forests_practice/
importance_forests/#:~:text=The%20importance%20of%20forests
%20cannot,erosion%20and%20mitigate%20climate%20change.