The Forest (Conservation) Act, 1980, came into force to provide for the conservation of forests in India.
The Act prohibits state and other authorities, except with the prior approval of the Central Government, to give any order directing:
de-reservation of forest.
use of forest land for non-forest purpose.
assigning any forest land or its portion by way of lease to any private person or organization.
Clearing of trees which have grown naturally in forested land
Any diversion of land for non-forest purpose requires approval under the Act as well as payment of stipulated compensatory levies such as Net Present Value (NPV), Compensatory Afforestation (CA), etc.
Power to make rules: The Act empowers Central Government to make rules for carrying out the provisions of this Act.
Definition of Non-forest purpose: It means the breaking up or clearing of any forest land for the cultivation of tea, coffee, spices, medicinal plants, etc. and for any purpose other than reforestation.
Non-forest purposes don’t include work relating or ancillary to conservation, development and management of forests and wildlife like establishment of check-posts, fire lines, wireless communications and construction of fencing, etc.
Constitution of Advisory Committee: The Central Government may constitute a Committee consisting of to advise that Government for the grant of approval and any other matter connected with the conservation of forests.
Penalties: Contravention of any of the provisions of the Act is punishable imprisonment of upto fifteen days.
Offences by the Authorities and Government Departments are punishable as well.
Infringement on right of states: The amendments propose changes in recording of land revenue. However, land revenue is categorically a State subject in Schedule VII of the Constitution.
