Forest (Conservation) Act, 1980
Bare Act
Section 1
Short title, extent and commencement. –
(1) This Act may be called the Forest (Conservation) Act,
1980.
(2) It extends to the whole of India except the State of Jammu and Kashmir .
(3) It shall be deemed to have come into force
on the 25th day of October, 1980.
Section 2
Restriction on the de-reservation of
forests or use of forest land for non-forest purpose. –
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 -
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) (1)[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].(2)
[Explanation- For the purposes of this
section "non-forest purpose" means the breaking up or clearing of any
forest land or portion thereof for-
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 wild-life, 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].
Section 3
Constitution of Advisory Committee. –
The Central Government may constitute a
Committee consisting of such number of persons as it may deem fit to advise
that Government with regard to -
( i ) the grant of
approval under section 2; and any other matter connected with the conservation
of forests which may be referred to it by the Central Government.
Section 4
Power to make rules. –
(1) The Central Government may, by
notification in the Official Gazette, make rules for carrying out the
provisions of this Act.
Every rule made under this Act shall be laid,
as soon as may be after it is made, before each House of Parliament, while it
is in session, for a total period of thirty days which may be comprised in one
session or in two or more successive sessions, and if, before the expiry of the
session immediately following the session or the successive sessions aforesaid,
both Houses agree in making any modification in the rule or both Houses agree
that the rule should not be made, the rule thereafter have effect only in such
modified form or be of no effect, as the case may be; so, however, that any
such modification or annulment shall be without prejudice to the validity of
anything previously done under that rule.
Section 5
Repeal and saving. –
(1) The Forest (Conservation)
Ordinance, 1980 is hereby repealed.
Notwithstanding such repeal, anything done or
any action taken under the provisions of the said Ordinance shall be deemed to
have done or taken under the corresponding provisions of this Act.
1. Ins. by Act 69 of 1988, sec.2(w.e.f . 15.3.1989)
2. Subs. by Act 69 of 1988, sec.2(w.e.f . 15.3.1989)
3. Section 3B ins. by Act 1988, sec.(w.e.f . 15.3.1989)
